Special Search Warrant Issues

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Computer Investigations

Law Office Searches

Other Privileged Records

See also: Privilege

Confidential records kept by a First Nations Band persuant to a Band Counsel Resolution can be subject to a search warrant.[1]

  1. R v Tomah, 1996 CanLII 4847 (NBCA) at p. 5

Assistance Orders

Assistance order
487.02 Where an authorization is given under section 184.2, 184.3, 186 or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2), the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person’s assistance may reasonably be considered to be required to give effect to the authorization, warrant or order.
1993, c. 40, s. 15; 1997, c. 18, s. 43.


CCC

Section 490.02 can be used to compel employees of an office to locate and gather items and provide them to police.[1]

  1. R v National Post, 2004 CanLII 8048 (ON SC), at para 32

Taking Pictures at the Scene

An officer may take photos at the scene of their investigation of what they believed to be a crime. Generally, they are entitled to record a scene that they are lawfully allowed to make observations of. [1] It also follows that no violation of s. 10(b) could be found where an officer takes a picture of an accused while at the scene.[2]

  1. R v Nguyen, 2013 BCSC 950 (CanLII) at paras 109-114
    R v Ly, 2012 BCSC 504 (CanLII) at para 42
  2. Ly
    Nguyen

Motor Vehicle Searches

See also: Ancillary Powers Doctrine

Random Roadside Searches
Random roadside detentions and searches violate s. 8 right against unreasonable search and seizure. [1]

  1. R v Hufsky, [1988] 1 SCR 621, 1988 CanLII 72 (SCC), per Le Dain J
    R v Dedman, 1985 CanLII 41 (SCC), [1985] 2 SCR 2 - not authorized at common law

Disclosing Evidence Seized Under a Warrant

Generally, law enforcement will be able to disclose information and evidence to other law enforcement agencies without the need of a judicial authorization.[1]

  1. Wakeling v United States of America, [2014] 3 SCR 549, 2014 SCC 72 (CanLII)

Executing Search Warrants in Another 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

The execution of a wiretap warrant in a different province is governed by s. 188.1(2):

188.1.
...
Execution in another province
(2) Where an authorization is given under section 184.2, 184.3, 186 or 188 in one province but it may reasonably be expected that it is to be executed in another province and the execution of the authorization would require entry into or upon the property of any person in the other province or would require that an order under section 487.02 be made with respect to any person in that other province, a judge in the other province may, on application, confirm the authorization and when the authorization is so confirmed, it shall have full force and effect in that other province as though it had originally been given in that other province. 1993, c. 40, s. 9.


CCC