The role of a judge reviewing the obtaining of a search warrant has been described by Mr. Justice Sopinka in R v. Garofoli (at p. 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 would have granted the authorization, then he or she should not interfere. In this process, the existence of fraud, non disclosure, misleading 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.” (emphasis)
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