What are the implications of ss. 143 and 144 of the Criminal Code's search provisions?
Ontario, Canada
The following excerpt is from R. v. Monney, 1997 CanLII 979 (ON CA):
Dickson C.J.C. began his analysis of ss. 143 and 144 by pointing out that these provisions did not comply with the three criteria laid down in Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145 as prerequisites to a reasonable search. Those criteria are: that the search must have been approved by prior authorization; the person authorizing the search must act in a judicial manner and be able to assess in a neutral and impartial fashion whether on the evidence available the search is appropriate; and there must be reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that evidence of this is to be found at a particular place.
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