The law in relation to the standard to be applied by a reviewing judge is well established. The proper standard of review is: based on the record before the authorizing judge, as amplified by the record before the reviewing judge, could the authorizing judge have granted the authorization. The reviewing judge does not conduct a de novo hearing nor substitute his or her view for that of the authorizing judge. Put another way, the decision of the authorizing judge should not be set aside unless the reviewing judge is satisfied that there was no basis for the authorization (R v. Garofoli 1990 CanLII 52 (SCC), [1990] S.C.J. No 115 at paragraphs 55, 56 and 62).
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