From R. v. Jarvis (Court of Appeal for Ontario, October 12, 2017), Huscroft J.A. (Dissenting):
The absence of a Charter right to privacy does not mean that privacy – and in particular, the reasonable expectation of privacy – has no constitutional significance. On the contrary, the concept is of central importance to the specification of the freedom from unreasonable search and seizure under s. 8; it is the organizing principle that guides the construction of the freedom from unreasonable search and seizure in order to resolve disputes in particular contexts: see Lawrence B. Solum, “The Interpretation-Construction Distinction” (2010) 27 Const. Commentary 95.