Can a reviewing judge interfere with a warrant and Information to Obtain de novo?
British Columbia, Canada
The following excerpt is from R. v. Q.M.P. Fisheries Ltd., 2001 BCPC 210 (CanLII):
A reviewing judge should not review the warrant and Information to Obtain de novo and should not substitute its view for that of the authorizing justice. If, based on the record, which was before the authorizing justice as amplified on review, the reviewing judge concludes the authorizing justice could have granted the warrant, then he or she should not interfere. Regina v. Araujo, [2000] S.C.C. 992, Regina v. Garafoli, (1990), 1990 CanLII 52 (SCC), 60 C.C.C. (3d) 161 (S.C.C.) The question is whether there was some reliable evidence that might reasonably be believed on the basis of which the warrant could have issued. Regina v. Araujo, supra.
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