Review of Warrants

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 78-84

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

1.1(b)(x) Review of Warrants

Is the warrant

facially valid?1

Yes

Is there enough

suiciently reliable

information in the

ITO?2

Yes

Should cross-

examination on the

ITO be allowed?3

Uphold the warrant Quash the warrant

No

No

No

Yes Was evidence in the

ITO obtained by means

of a Charter breach?4

Is evidence in the

ITO false

or misleading?5

No

With that

evidence removed, is

there enough

suiciently reliable

information in

the ITO?6

Yes

Yes

No

Should amplification

be allowed?7

No

Is there enough

suiciently reliable

information

in the ITO?

Yes

Yes

If the inadequacy is

due to redactions to

protect an informant,

could it be granted if

the judge viewed the

redacted material?8

Yes

Was the conduct of the

police in seeking the

warrant subversive of

the process?9

Yes

No Yes

No

No

No