Can a second judge rescind a search warrant after issuance?
British Columbia, Canada
The following excerpt is from Cleaver & Walkinshaw Ltd. v. R., 1986 CanLII 1003 (BC SC):
As for the search warrant after issuance, on the authority of Wilson v. R. the issuing judge has “the right to rescind it” (McIntyre J.). In my estimation it is a reasonable transference or extension of that power for a second judge, when sitting in the place of the issuing judge, to be free to entertain the thoughts which the first judge would have entertained as second thoughts upon hearing an ample and two-sided argument replete with authorities, an experience denied to the first judge on the ex parte application.
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