What is the legal test for obtaining a search warrant from a court in Canada for the purpose of obtaining assistance from a foreign state?

British Columbia, Canada


The following excerpt is from USA v. El-Jabsheh, 2002 BCSC 246 (CanLII):

Upon the request of a foreign state, the Minister reviews the request to ensure compliance with the relevant treaty (s. 8(1)). If the foreign state requests assistance through use of a search warrant, ss. 10-12 of the Act applies. The Minister must approve the request and then forward it to competent authorities so that application can be made for a search warrant (s. 11(1), Russian Federation v. Pokidyshev, supra at para. 17). The application is made pursuant to s. 11(2). A judge may issue a search warrant if the requirements under s. 12(1) are met. In this case, a judge concluded that the requirements were met on April 17, 2000. s. 12(1) states: 12.(1) A judge of a province to whom an application is made under subsection 11(2) may issue a search warrant authorizing a peace officer named therein to execute it anywhere in the province, where the judge is satisfied by statements under oath that there are reasonable grounds to believe that (a) an offence has been committed; (b) evidence of the commission of the offence or information that may reveal the whereabouts of a person who is suspected of having committed the offence will be found in a building, receptacle or place in the province; and (c) it would not, in the circumstances, be appropriate to make an order under subsection 18(1).

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