What is the test for obtaining a search warrant in a criminal investigation?
Ontario, Canada
The following excerpt is from R. v Mayo, 2016 ONSC 125 (CanLII):
The general rule in a criminal investigation, as established by the SCC in Hunter v. Southam, is that in order to be reasonable, a search will require prior judicial authorization. Absent a warrant, a police search or seizure is presumed to be unreasonable, subject to rebuttal by the prosecution (see para 30).
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