|This page was last substantively updated or reviewed January 2023. (Rev. # 87108)|
Searches That May Intrude on Solicitor-client Privilege
Journalist Records and Sources
Other Privileged Records
Confidential records kept by a First Nations Band persuant to a Band Counsel Resolution can be subject to a search warrant.
When a peace officer is "applying for" and "executing search warrants should be alive to ensuring that solicitor-client privilege is protected to the greatest extent possible, whenever the circumstances so warrant".
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.  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.
Motor Vehicle Searches
- Random Roadside Searches
Random roadside detentions and searches violate s. 8 right against unreasonable search and seizure. 
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.
Executing Search Warrants in Another Province
The execution of a wiretap warrant in a different province is governed by s. 188.1(2):
Section 487 Warrants
"Territorial division" is defined in s. 2 of the Code.
The act of endorsing or "backing” a warrant "is a purely ministerial act".