What is the current state of the law on a night search?

Nova Scotia, Canada


The following excerpt is from R. v. DeWolfe, 2006 NSPC 9 (CanLII):

Entry and search of a residence must be authorized in advance in accordance with Hunter v. Southam standards, but the manner of search should be reviewed after the fact, with the benefit of full knowledge of the circumstances. As I discussed above, in my analysis of the night search issue, I recognize that after-the-fact review is less protective of rights than authorization in advance, but I think the appropriate balance has been achieved in the current law. It is too difficult a task to anticipate in advance what circumstances will present themselves. Whatever actual circumstances evolve in the execution of a search warrant, the manner of search must be reasonable relative to those circumstances. As illustrated by the cases cited above, if the manner of search is unreasonable for violating the knock/notice rule, then the person who is subjected to a search will have recourse to s. 24(2) of the Charter.

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