What is the rationale for excising erroneous, fraudulent and misleading evidence in a search warrant application?

Alberta, Canada


The following excerpt is from R.v. Blanchett, 2002 ABQB 134 (CanLII):

The rationale for excising erroneous, fraudulent and misleading evidence is based on the premise that an application to obtain a search warrant is an ex parte application. Therefore, there must be a full and frank disclosure of the material facts (R v. Araujo, supra). A judge is totally dependent on the applicant in an ex parte application and it is essential that complete disclosure be made by the applicant. There cannot have been an attempt to mislead the authorizing justice by strategic omissions.

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