What is the test for obtaining a search warrant under section 487(1) of the Criminal Code and s. 8 of the Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from R. v. Q.M.P. Fisheries Ltd., 2001 BCPC 210 (CanLII):
Section 487(1) of the Criminal Code authorizes a justice to issue a warrant where he or she is satisfied that there are reasonable grounds to believe that there is in a building, receptacle, or place "anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence". Both s. 487 of the Criminal Code and s. 8 of the Charter of Rights and Freedoms require the authorities to have reasonable grounds to believe that an offence has been committed and that there is evidence of it to be found in the place of the search. Regina v. Morris, (1999), 134 C.C.C. (3d) 540 (N.S.C.A.).
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