In what circumstances will a warrant be issued under the wrong statute?
British Columbia, Canada
The following excerpt is from R. v. Kinnee, 1993 CanLII 995 (BC CA):
19 In all of those circumstances, the fact the warrant was issued under the wrong statute is a defect of a minor or technical nature. This is not a case, such as Regina v. Grant, in which that technical defect was compounded by the fact that the evidence upon which the warrant was founded had itself been obtained in the course of two warrantless "perimeter" searches.
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