How Are Search Warrants Obtained in Canada?

Believe it or not, how search warrants are obtained and executed is a complex area of the law. Citizens have a right to privacy in their homes, so police have to obtain a search warrant if they want to enter and search the premises.

In order to obtain a search warrant, police (or Crown lawyers) have to prepare documentation and show it to a judge. The documentation has to demonstrate that there are reasonable grounds to believe there is evidence of a crime or crimes within the premises. Judges do not sign off on search warrants just because police have a “feeling” or suspect they will find evidence of a crime. Search warrants are not fishing expeditions. Police have to specifically show evidence that leads them to suspect there will be evidence found. Then the judge weighs the totality of the evidence to determine if issuing a warrant is reasonable. The judge then signs the document.

Search warrants are usually pretty narrow in scope, and they will indicate what the police are looking for. Police can, however, search beyond the limitations of the warrant to make sure the area is safe. But, for example, if police are executing a warrant and your aunt drops by, they cannot start searching her car and knitting bag.

If police arrive at your house to execute a warrant, you have to let them inside or you can be arrested for obstructing the search. They do have to show you and give you a copy of the warrant. Check and make sure the date and address are correct.

There is such a thing as a “no-knock” warrant, where the police can barge in at any time to execute this special type of warrant. These special warrants are issued when there is reasonable expectation that someone is moving or destroying evidence of a crime.

If a search warrant is being executed at your home or office, contact your lawyer. You will need a lawyer who specializes in criminal law, such as Michael Bloom, whose contact information is below.

Michael Bloom is a very experienced criminal defence lawyer, who started his career as a Crown Prosecutor.

If you have any questions about this article or would like to schedule a free consultation with Mr. Bloom, please call his office at (604) 603-5513 or Toll-Free at (877) 603-5513.