What is the test for obtaining a search warrant under s. 487(1)(b) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Merritt, 2017 ONSC 80 (CanLII):
It is a central feature of the applicant’s submissions that such language is inconsistent with the standard to be met for the issuance of a search warrant pursuant to s. 487(1) of the Criminal Code. That standard requires that evidence under oath establishes that there is a credibly based probability that something to be seized will, in the words of s. 487(1)(b), “afford evidence with respect to the commission of an offence”: Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, 14 C.C.C. (3d) 97.
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