Canadian Criminal Procedure and Practice/Search and Seizure/CDSA Warrants

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General Principles[edit]

Section 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]

  1. R. v. Agecoutay, 2009 SKCA 100 at para. 15
  2. R. v. Law, 2002 BCCA 594 at para. 6