What is the test for granting a search warrant for search warrant authorizations?

Prince Edward Island, Canada


The following excerpt is from Lidstone v. Prince Edward Island (Minister of Technology and Environment), 1999 CanLII 4643 (PE SCTD):

The applicant argues by analogy from Canada v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145 that just as it is necessary for a person authorizing a search to be able to assess the evidence as to whether the standard has been met in an entirely neutral and impartial manner, there should be some evidence in the instant case that the Minister, in making the order, actually gave the matter consideration from a neutral position, balancing the state’s interest against the individual’s rights. It is submitted there is nothing in the order to suggest the Minister gave any consideration to the evidence.

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