Foreign Warrants

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Judicial Authorizations Coming from Outside of the Province

Section 487.03 governs the execution of warrants from outside of the province:

Execution in another province
487.03 (1) If a warrant is issued under section 487.01, 487.05 or 492.1 or subsection 492.2(1) in one province, a judge or justice, as the case may be, in another province may, on application, endorse the warrant if it may reasonably be expected that it is to be executed in the other province and that its execution would require entry into or on the property of any person, or would require that an order be made under section 487.02 with respect to any person, in that province.
Endorsement
(1.1) The endorsement may be made on the original of the warrant or on a copy of the warrant that is transmitted by any means of telecommunication and, once endorsed, the warrant has the same force in the other province as though it had originally been issued there.
(2) [Repealed, 2007, c. 22, s. 7]
1993, c. 40, s. 15; 1995, c. 27, s. 1; 2000, c. 10, s. 13; 2007, c. 22, s. 7; 2008, c. 18, s. 12.


CCC

Judicial Authorizations Coming from Outside of Canada

Sections 10 to 16 of the The Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.) govern the use of foreign search warrants applicable to matters within the jurisdiction of Canada.

The terms of the MLAT are permissive and is not the only mechanism for obtaining evidence from a different jurisdiction.[1]

  1. R v Dorsay, 2006 BCCA 117 (CanLII)

Judicial Authorizations for Foreign Evidence

There is no recognized authority for a provincial judge or superior court justice to order the production of electronic records held exclusively in another country.[1]

  1. Eg. Police File No. 2016-32834 (Re), 2016 BCPC 359 (CanLII)

See Also