What is the test for obtaining prior judicial authorization for a search and seizure?

Ontario, Canada


The following excerpt is from Simon Gillies et al v. Toronto District School Board, 2015 ONSC 1038 (CanLII):

With respect to the first criterion, the court in Hunter v. Southam recognized that prior judicial authorization may not always be appropriate. Dickson J. stated, at p. 161: I recognize that it may not be reasonable in every instance to insist on prior authorization in order to validate governmental intrusions upon individuals’ expectations of privacy. Nevertheless, where it is feasible to obtain prior authorization, I would hold that such authorization is a pre-condition for a valid search and seizure.

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