Topics covered include the organizing principles of search and seizure in Canada, the nature of judicial pre-authorization, warrant authorizing provisions, identifying the things to be searched for and seized, identifying the location to be searched, offences under investigation, computers and search warrants and specialized provisions. It reviews general drafting approaches as well as specific procedural issues, and includes precedent paragraphs to assist in drafting. Appendices contain the relevant Criminal Code provisions.
Whats New in this edition:
Over 200 additional cases
Updated section on the reasonable expectation of privacy principle, including over 50 new examples of when reasonable expectation of privacy exists and does not exist
Updated analysis of Bill C-13, including a review of tracking warrants (s. 492.1), transmission data recorder warrants (s. 492.2), general production orders (s. 487.014), and financial institution production orders (s. 487.018)
New section on the role of reviewing courts
Revised examination of media searches, including a complete review of the Journalistic Sources Protection Act and the Supreme Court of Canadas decision in R. v. Vice Media
New section on Controlled Drugs and Substances Act warrants
Updated section on obtaining and maintaining sealing orders
New empirical data related to the issuance and refusal of Criminal Code warrants, Controlled Drugs and Substances Act warrants, telewarrants, and production orders
New sections have been added to various chapters. For example sections on the following topics have been added the role of the reviewing court in the warrant process; drafting challenges for warrants related to informer privilege, the citizen informer, and confidential informers; and procedural issues related to sealing orders post-execution of warrant and non-publication orders.
Updated checklists, including nearly 10 checklists provided for the first time