Wednesday, May 1, 2013

Telewarrants not to be granted merely as a convenience

R. v. Lao, 2013 ONCA 285 holds:

[65]       It will be recalled that s. 487.1 of the Criminal Code permits an application for a search warrant application to be made by telecommunication where it would be "impracticable" to attend personally.  The trial judge found that while it would have been inconvenient for DC Wallace to attend in person to apply for the warrant, it was not impracticable.  Having found that the standard of impracticability had not been met, use of the telewarrant procedure was in breach of s. 8 of the Charter

[66]       In reaching this conclusion, the trial judge considered the full factual matrix including the non-urgent nature of the application, the absence of any "cogent" reason for DC Wallace not appearing in person, and the timing of the initial request in relation to the opening hours of the intake justice of the peace offices. 

[67]       I see no basis on which to interfere with the trial judge's finding on this matter. 

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