Can the doctrine of severability apply to an arrest warrant which reads “and others”?
Saskatchewan, Canada
The following excerpt is from Laborde v. Bendas, 1972 CanLII 767 (SK QB):
In Regina v. Johnson & Franklin Wholesale Distributors Ltd., supra, Tysoe J.A. held that the doctrine of severability can properly be applied to such warrant. The part of the warrant which reads “and others” will be quashed; the balance of the warrant will stand.
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