The Order

• Author: David A. Crerar
• Pages: 245-250

CHAPTER

20

The

Order

A.

MODEL

ORDERS

The

trial

courts

of

Ontario

and

British

Columbia

have

issued

model

search

orders

that

include

explanatory

notes.

British

Columbia

Model

Order

for

Seizure

and

Safekeeping

of

Evidence:

Appendix

C

Ontario

Model

Search

Order:

Appendix

D

It

is

critical

that

counsel

carefully

consider

the

circumstances

of

a

case

and

whether

the

model

order

adequately

permits

the

process

to

fillfill

its

purpose

of

evidence

preservation.

Counsel

must

explain

to

the

court

any

changes

made

to

the

model

order

in

the

draft

order

sought.

Anton

Piller

orders

were

originally

fashioned

to

preserve

the

integrity

of

the

court,

and

courts

may

be

prepared

to

vary

the

terms

of

a

model

order

as

necessary

to

achieve

that

objective

based

upon

the

circumstances.

Where

variations

to

a

model

order

are

proposed,

counsel

must

ensure

that

the

process

is

fair

and

permits

defendants

to

exercise

their

fundamental

rights

in

a

mean



ingful

way

while

not

unduly

interfering

with

the

rights

of

nonparties.

B.

DRAFTING

THE

ORDER

An

Anton

Piller

order

must

be

carefully

drafted

and

provide

clear

dir



ections

with

respect

to,

among

other

things,

the

property

covered

by

the

order

and

the

terms

of

the

search.

245