Les 5 questions qui doivent généralement trouver réponse pour qu'un juge puisse émettre une autorisation judiciaire

R. v. Adams, 2004 CanLII 12093 (NL PC)

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[24]  Generally speaking, there are five main questions which the issuing justice must ensure that an information to obtain a search warrant provides reasonable grounds to answer before he or she agrees to issue a search warrant:

1. that the items specified exist;

2. that the items specified will be found in the place to be searched at the time of the search;

3. that the offence alleged has been, or will be, (depending on the type of search warrant being sought) committed;

4. that the items specified will afford evidence of the offence alleged; and

5. that the place to be searched is the location where the items will be located.

[25]  In R. v. Colby, [1999] S.J. No. 915 (Q.B.), at paragraph 10, the essential elements of a C.D.S.A. warrant were described as follows:

...There must be reasonable and probable grounds for believing that the items to be searched for and seized are then in the place for which the warrant is to issue.  If that were not the case police relying on extremely outdated information, could seek and obtain a warrant to search a dwelling house.  Such was not the intention of the legislators.