R. v. Chhan, 1996 CanLII 7025 (SK QB)
Lien vers la décision
Justice Casey Hill of the Ontario Court (General Division) at a recent judicial seminar (National Judicial
Institute, Criminal Law Procedure and Evidence November 8 - 10, 1995, Toronto) provided a useful summary of the content questions which must be addressed to obtain a search warrant.
He noted the questions are normally addressed in a blended fashion as opposed to a departmentalised fashion, but must cover the following:
1.What are the grounds for believing the things to be searched for exist?
2.What are the grounds for saying that the things to be searched for are at the place to be searched?
3.What are the grounds for saying the offence has been committed as described?
4.How will the things to be searched for afford evidence of the commission of the offence alleged?
5.What are the grounds for saying that the place to be searched is at the location identified?
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