What is the test for an independent authorizing judicial officer to exercise discretion in deciding whether to order a search and seizure of a person’s phone records?
British Columbia, Canada
The following excerpt is from Canada Revenue Agency v. Canada Border Services Agency, 2013 BCSC 594 (CanLII):
The respondents submit that in accordance with Hunter v. Southam there must be an exercise of discretion by an independent authorizing judicial officer to balance “the right of the individual to be free from state interference to the interest of the state in advancing its purposes through such interference”. The respondents submit that state intrusion is justified only where “there are reasonable and probable grounds to believe that evidence of the commission of any offence will be found.”
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