Une ordonnance de la Cour est présumée valide

R. v. Collins, 1989 CanLII 264 (ON CA)

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There is no doubt that the facts set forth in the information sworn in support of the application for a search warrant were sufficient to enable a justice of the peace to act judicially and properly issue a search warrant pursuant to the provisions of s.443 of the Criminal Code of Canada [now R.S.C. 1985 c. C-46 s.487]. There is, of course, a presumption of validity with respect to a search warrant and the sworn information supporting it. A motion may be made by way of certiorari to quash a search warrant but if it is desired to adduce evidence from the informant or other witnesses in support of such an application, there must be allegations of deliberate falsehood or omission or a reckless disregard for the truth with respect to the material used to obtain the issuance of the warrant. Such allegations must be made out, as to the facts, to the extent of a prima facie case which may be established by inspection of the material or by affidavit except in the most exceptional cases. (See Re Church of Scientology and the Queen (No. 4) reflex, (1985), 17 C.C.C. (3d) 499, per Osler J. at pp. 509-10.) The deliberate falsity, omission or reckless disregard alleged must be that of the affiant to the "information and not that of an informant who has provided him with the alleged facts