Is there a presumption of necessity in determining whether there is an absolute need for the court to order a search and seizure of a person who is not a witness?
British Columbia, Canada
The following excerpt is from R. v. Wilder, 2002 BCSC 1333 (CanLII):
There is no presumption of necessity -- it must always be considered on the circumstances of a particular case: Rockey v. The Queen, [1996] 2 S.C.R. 829 at para. 17 per McLachlin J. (as she then was).
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