What is the test on review of a justice's decision to issue a search warrant?
British Columbia, Canada
The following excerpt is from R. v. Edwardson, 2005 BCSC 463 (CanLII):
The question on review of a justice's decision to issue a search warrant is whether, based on the record which was before the justice as amplified by evidence given on review, the justice could have granted the search warrant. I have paraphrased the test established in R v. Garofoli, which has become settled law.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a judicial review of a warrant issued by a justice of the peace? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the test for reviewing a search warrant issued under s. 12 of the Criminal Code? (British Columbia, Canada)
Does the fact that a police officer uses a flashlight to pierce the darkness of the night to obtain a search warrant constitute a search? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
Is a Residential Tenancy Tribunal arbitrator's decision not a "judicial body" but a "natural justice" decision? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
