Canadian Criminal Procedure and Practice/Search and Seizure/CDSA Warrants
General Principles
editSection 11(1) of the Controlled Drugs and Substances Act concerns warrants relating to drug offences:
11. (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that:
- (a) a controlled substance or precursor in respect of which this Act has been contravened,
- (b) anything in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,
- (c) fence-related property, or
- (d) anything that will afford evidence in respect of an offence under this Act.
– CDSA
A CDSA search warrant can be issued by a justice of the peace, provincial court judge or superior court judge.[1]
The requirements for a CDSA search warrant are the same as those under a General Warrant.[2]
- ↑ R. v. Agecoutay, 2009 SKCA 100 at para. 15
- ↑ R. v. Law, 2002 BCCA 594 at para. 6