Sunday, June 10, 2012
Telewarrant justified only where impracticality of attending in person before a Justice established
R. v. Lao 2012 ONCJ 225 is a helpful decision making clear that in order for a telewarrant to be properly issued "the affiant must have a subjective belief that it would be impracticable to appear personally before a justice, and this belief must be objectively reasonable" (para 36). There must be something beyond a bald statement as to the unavailability of a justice (para 39). Of special interest is the adoption by the Court of British Columbia caselaw which has, in the past, held the need for impracticability to be critical.