What is the test for a search and seizure warrant?
Ontario, Canada
The following excerpt is from Ontario (Attorney General) v. Langer, 1995 CanLII 7422 (ON SC):
The defence submits that because the issuance of the seizure warrant is mandatory, the provision violates the right to be secure against unreasonable search and seizure under s. 8 of the Charter, and that there is no justification under s. 1: Baron v. Canada (1993), 1993 CanLII 154 (SCC), 78 C.C.C. (3d) 510, 99 D.L.R. (4th) 350, [1993] 1 S.C.R. 416, 18 C.R. (4th) 374.
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