Telewarrants in Canada

posted by Judge_Burke @ 14:30 PM
June 30, 2016

This posting is to prove that all of my knowledge about issues of importance to Canadian judges does not come from Judge Wayne Gorman or AJA President-elect Russ Otter.

Hafeez S Amarshi (Public Prosecution Service of Canada) has posted¬†Facial Attacks on Telewarrants: Failure to Define ‘Impracticable’¬†on SSRN.

Here is the abstract:

The use of telewarrants is a significant tool for law enforcement in Canada. They are guided by the Criminal Code that lays out specific requirements before police can obtain a search warrant by fax, dispensing with the need for personal appearance before a justice. Telewarrants are most often sought when police seek to execute a warrant after court hours or if there is a particular urgency. Although the courts have strictly read the preconditions outlined in section 487.1(1) as mandatory, the failure of the police to follow those conditions is not necessarily fatal to the admission of evidence by trial courts.

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