What are the consequences for misleading the court or for errors in information in support of a search warrant?
Ontario, Canada
The following excerpt is from R. v. Atkinson, 2007 CanLII 14923 (ON SC):
Many cases were cited with respect to the consequences for misleading the court or for errors in an ‘information’ in support of a search warrant under either s. 11 of the C.D.S.A. or under s. 487 of the Criminal Code. The test is whether a Justice of the Peace could have had reasonable and probable grounds to believe that an offence was being committed. The test is sometimes framed as “reasonable belief”, “reasonable grounds to believe”, or “probable cause”. As stated in Hunter v. Southam, where the evidence in support of the search warrant replaces suspicion with “credibly-based probability”.
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