Monday, September 13, 2010

Warrants presumed valid

R. v. Campbell, 2010 ONCA 588 holds that a court reviewing the issuance of a search warrant does so on the presumption of validity. The Court holds:

[45]          In carrying out that analysis it is important to keep in mind throughout the analysis that the warrant is presumed to be valid and the correct question is whether the respondent has established that there was no basis for its authorization.  This point cannot be stressed too much.  The presumption means that the decision of the issuing justice must be upheld unless the applicant meets the burden of demonstrating its invalidity.  The Supreme Court has made this clear.

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