Does s. 11(1) of the Charter require a Justice to issue a warrant?

Nova Scotia, Canada


The following excerpt is from R. v. DeWolfe, 2006 NSPC 9 (CanLII):

On the first point, it is clear in my reading of s. 11(1) that the provision does not require a justice to do anything. The section says a justice may, not shall, issue a warrant. It follows that a justice has discretion to deny a warrant. This residual discretion is a requirement of s. 8 of the Charter (see Baron v. Canada, 1993 CanLII 154 (SCC), [1993] 1 S.C.R. 416) because, without this discretion, the justice could not be said to be acting independently and judicially.

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