Yes No Share to Facebook
Search Warrants Pursuant to the Criminal Code of Canada
Question: How do search warrants work in Canada under the Criminal Code of Canada, R.S.C. 1985, c. C-46?
Answer: In Canada, search warrants are crucial for law enforcement, allowing police to search specific locations for evidence of a crime, as sanctioned by the Criminal Code of Canada, R.S.C. 1985, c. C-46. Police must convince a judge or justice of the peace that reasonable grounds exist to believe evidence related to an offence is present. This ensures searches adhere to legal standards, safeguarding your rights. If you believe a search was conducted unlawfully, our knowledgeable criminal lawyers can scrutinize the search warrant's validity and discuss your legal options. For a personalized consultation, reach out to us today.
#
Search Warrants
A search warrant is a court order issued by a judge or justice of the peace that authorizes police to search a specific place for evidence of a crime. In Canada, search warrants are issued pursuant to the Criminal Code of Canada. The Criminal Code allows police to obtain a search warrant when there is reasonable grounds to believe that an offence has been committed and that evidence of the offence can be found in a specific place. The police must provide the judge or justice of the peace with information that establishes reasonable grounds to believe that the search will uncover evidence related to the offence.
Execution of Search Warrant
When a search warrant is issued, it must specify the place to be searched and the items that may be seized. It must also include the date and time of the search and the name of the person who is authorized to execute the search. The warrant must be executed within a reasonable time after it is issued. When police execute a search warrant, they must inform the occupants of the premises of their authority and the purpose of the search. They must also provide a copy of the warrant to the occupants. Police are not allowed to search any areas that are not specified in the warrant. In some cases, the police may be allowed to seize items that are not specified in the search warrant. This is known as a general search and it can only be done if the judge or justice of the peace has authorized it.
The Law
Information for search warrant
487(1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place
(a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,
(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,
(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or
(c.1) any offence-related property, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant
(d) to search the building, receptacle or place for any such thing and to seize it, and
(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect of it to, a justice in accordance with section 489.1.
(2) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
Summary Comment
Search warrants are an important tool for law enforcement in Canada. They allow police to search for evidence of a crime and to apprehend suspects. However, they must be used in accordance with the Criminal Code of Canada and the Charter of Rights and Freedoms. In cicrumstances where the Police may have performed an illegal search of a person or property, an accused may bring an Charter Application alleging an infringement of the accused prtected rights under section 8 of the Charter. Our experienced criminal lawyers can review your the evidence against you, as well as the legimimacy of any search warrant(s) and advise of your legal options.
