What is the impact of s. 2(b) of the Charter on search warrants?

Newfoundland and Labrador, Canada


The following excerpt is from R. v. Canadian Broadcasting Corporation, 2007 NLCA 62 (CanLII):

Justice Cory, who also authored the majority decision in CBC v. New Brunswick, differed from McLachlin J., who was in dissent, regarding the role of s. 2(b)[5] of the Canadian Charter of Rights and Freedoms in applications for search warrants and in his view of the nature of the impact of seizure of material from media offices. At pp. 475-76 of CBC v. New Brunswick, he said: The constitutional protection of freedom of expression afforded by s. 2(b) of the Charter does not, however, import any new or additional requirements for the issuance of search warrants. What it does is provide a backdrop against which the reasonableness of the search may be evaluated. It requires that careful consideration be given not only to whether a warrant should issue but also to the conditions which might properly be imposed upon any search of media premises.

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