What is the test for a search warrant to search a person’s home?
Ontario, Canada
The following excerpt is from R v. Ramlogan, 2018 ONSC 810 (CanLII):
In that case, the “reasonable grounds that the gun may be discovered” pitched too low the threshold to intrude upon personal privacy. As mentioned above, the standard for a constitutionally permissible search was set by Finlay extrapolating from Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, and requires that there be grounds that the evidence “will” be discovered.
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