What is the test for obtaining a search warrant to search a legal aid office?
Ontario, Canada
The following excerpt is from Cusson v. Quan, 2004 CanLII 7351 (ON SC):
A review of the case law is helpful in deciding the issue. In Descôteaux v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860, two peace officers attended at a legal aid office with a search warrant. The warrant related to certain documents including an application for legal aid which contained information on the applicant’s financial situation. The peace officers were seeking to obtain proof that an applicant for legal aid had committed an indictable offence by incorrectly reporting a lower income in order to be eligible for such services.
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