Can a second Justice of the Peace issue a search warrant based on a prior refusal?
Ontario, Canada
The following excerpt is from R. v. Atkinson, 2007 CanLII 14923 (ON SC):
In Regina v. Colbourne, Justice Doherty indicated at paragraph 41, Where the non-disclosure is not the product of an improper motive or part of an attempt to mislead the Justice of the Peace, the question becomes whether the second Justice of the Peace acting judicially and having been advised of the prior refusal could have issued the search warrant.
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