What is the residual effect of a judge asking to issue a search warrant?

Ontario, Canada


The following excerpt is from Ontario (Attorney General) v. 1140 Aubin Road, Windsor, 2008 CanLII 67887 (ON SC):

This is analogous to the residual discretion vested in a judge asked to issue a search warrant. Even where the statutory criteria for issuance of a warrant have been met, the court retains a discretion to deny the order if the interests in law enforcement do not outweigh interests in privacy. In Baron v. Canada, 1993 CanLII 154 (SCC), [1993] 1 S.C.R. 416, Sopinka J. described the nature of this weighing process at para. 25: The strength of the interests will be affected by matters such as the nature of the offence alleged, the nature of the intrusion sought including the place to be searched, the time of the search and the person or persons who are the subjects of the search.

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