What is the test for a judicial review of a warrant issued by a justice of the peace?

British Columbia, Canada


The following excerpt is from R. v. Vanderwall, 2002 BCPC 623 (CanLII):

Now considering that the justice of the peace had reasons to issue the warrant, the court at this point is not hearing the case again; however, in Regina v. Garofoli (1991), 1990 CanLII 52 (SCC), 60 C.C.C. (3d) 161, S.C.C., Sopinka, J., outlines the test; and he says, and it is at page 188: The reviewing judge does not substitute his or her view for that of the authorizing judge. If, based on the record which was before the authorizing judge as amplified on the review, the reviewing judge concludes that the authorizing judge could have granted the authorization, then he or she should not interfere. In this process the existence of fraud, non-disclosure, misleading evidence and new evidence, are all relevant; but, rather than being a prerequisite to review, their sole impact is to determine whether there continues to be any basis for the decision of the authorizing judge.

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