NCJ Number
97191
Date Published
1984
Length
82 pages
Annotation
This report by Canada's Law Reform Commission calls on Parliament to reform Canada's search and seizure laws.
Abstract
Canada's search and seizure laws are complex and confusing. The fault lies with the proliferation of search and seizure powers contained in many different Federal statutes and in the common law. This must be corrected, so that Canadians can have laws that clearly define their rights and police can enforce the law confident that their searches and seizures will stand up in court. A comprehensive survey of search warrant practices in seven major cities indicates a clear gap between the legal rules for issuing and obtaining search warrants and the realities of practice. The commission proposes that Parliament remedy the problems in a variety of ways. A single comprehensive approach should replace the current array of powers. Search by warrant should be the rule. Warrantless searches in the absence of consent should be limited to exigent circumstances involving searches of persons and vehicles incidental to arrest and searches of persons, places, or vehicles where delay would result in danger to human life or safety. Consent to a search without warrant should be informed. Writs of assistance and other search powers in other statutes should be repealed. Appendixes include sample forms for information to obtain a search warrant and for a search warrant itself. (Author summary modified)