Higher Standard Searches

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 48-56

48 Police Powers / Search and Seizure / Search and Seizure with a Warrant

1.1(b)(v) Higher Standard Searches

Search warrant,

s 4871

Consent authorization,

s 184.2

Issued by

Justice of the peace

Prov court judge2

(Superior court judge)

Prov court judge

Superior court judge

Standard Reasonable grounds Reasonable grounds

Basic

requirements

Oence has been committed

Evidence will be found6

Listed oence4 has been or will

be committed

Information will be obtained6

Party consents

Additional

requirements 60-day limit7

Granted to Peace oicer

Public oicer14

Peace oicer

Public oicer

The standards for issuing a s 487 search warrant (from the Criminal Code, RSC

1985, c C-46 [Code]) can be regarded as a benchmark for the amount of protec-

tion that needs to be oered to a suspect when the state seeks to obtain evidence.

When the investigative technique has a greater-than-usual impact on privacy

interests, more protections are oered — this chart illustrates that approach.

When the investigative technique has a less-than-usual impact on privacy, fewer

protections are oered (see also Chart 1.1(b)(iii), Lower Standard Searches).

This chart demonstrates the relationship between search warrants (per-

mitting searches of a building, receptacle, or place); consent authorizations

(allowing interception of private communications with the consent of one of

the parties); general warrants (which can be used to authorize police to “use

any device or investigative technique or procedure or do any thing”); DNA

warrants (allowing DNA to be taken from a suspect by means of plucking hair,

taking a buccal swab, or getting a blood sample); and non-consent wiretaps

(permitting the recording of private communications without any partici-