A search warrant is a Judicial Order issued by a Justice of the Peace or Judge, permitting police or other
authorized officials to enter and search a specific location, person, or item for evidence related to a
criminal offence. It may also authorize the seizure of items relevant to the investigation, such as drugs,
weapons, or documents. Search warrants exist to ensure that searches comply with the Canadian
Charter of Rights and Freedoms against arbitrary intrusions.
What is an Information to Obtain (ITO)?
An information to obtain (ITO) is a written affidavit or statement, typically prepared by a police officer,
submitted to a Judge or Justice of the Peace to justify the issuance of a warrant or order. Its purpose is to
provide the factual and legal basis for why the proposed investigative action is necessary and lawful. The
information to obtain ensures judicial oversight, protecting individual privacy rights while enabling law
enforcement to investigate criminal offences.
Common Judicial Authorizations Requiring an ITO Include:
- Criminal Code Section 487 – Search Warrants: To search a place or seize evidence.
- Criminal Code Section 487.01 – General Warrants: For investigative techniques not covered by other provisions.
- Criminal Code Section 487.05 – DNA Warrants: To collect bodily substances.
- Criminal Code Section 492.1 – Tracking Device Warrants: To monitor a person’s movements.
- Criminal Code Section 487.012 – Production Orders: To obtain documents or data.
- Controlled Drugs and Substances Act Section 11 – CDSA Warrant: To search a place or seize evidence in relation to illicit substances.
To obtain a warrant or order, the information to obtain must meet strict legal standards. Some standards
include, but are not limited to:
- Sworn Evidence: The information to obtain is an affidavit, sworn under oath or affirmed by the applicant, ensuring truthfulness. Providing false information may result in charges such as perjury.
- Reasonable Grounds to Suspect or Believe: Reasonable grounds to suspect or believe a criminal offence has been, is being, or will be committed and reasonable grounds to suspect or believe the requested action will yield evidence of the offence.
- Specificity of the Offence Under Investigation: The place, person, or thing to be searched or targeted, the evidence sought, and the time frame for the proposed action.
- Full Disclosure: The applicant of the information to obtain must provide full, fair, and frank disclosure of all relevant information, including facts that may undermine the application.
What is a General Warrant – Section 487?
A general warrant authorizes police officers, or other authorized officials, to employ any device,
investigative technique, procedure, or action that would otherwise constitute an unreasonable search or
seizure under the Canadian Charter of Rights and Freedoms, provided it is necessary to gather evidence
of a criminal offence. A general warrant is broader and can cover unconventional or intrusive methods,
such as covert surveillance or data interception, not covered by other specific warrant provisions.
Execution of a Search Warrant?
Most search warrants, under the Criminal Code of Canada, are to be executed between the hours of 6:00
AM to 9:00 PM. However, police may file an application for night execution. A Controlled Drugs and
Substances Act search warrant may be executed at any time.
What is a Warrantless Search?
A warrantless search occurs when police or other peace officers search a person, place, or property
without obtaining Judicial authorization. Such searches are presumed to be unreasonable under Section
8 of the Canadian Charter of Rights and Freedoms unless they fall within recognized legal exceptions and
are conducted in a manner that respects Charter protections. Some exceptions to warrantless searches
are exigent circumstances, consent search, or search incident to arrest.
What are Wiretaps?
A wiretap is a Court authorization permitting police officers to intercept private communications without
the consent of the parties involved. It is typically used in criminal investigations where other investigative
methods are insufficient. Wiretaps are distinct from other surveillance methods due to their focus on
private communications.
- Criminal Code Section 183: Defines “private communication” as any oral, telecommunication, or electronic communication made under circumstances where the originator expects privacy.
- Criminal Code Section 184: Makes unauthorized interception of private communications an offence, except under specific exemptions such as Judicial authorization.
- Criminal Code Section 185: Outlines the application process for a wiretap authorization.
- Criminal Code Section 186: Specifies the criteria for granting a wiretap.
If you require legal assistance for search warrant and wiretap related offences, please contact us now for
a confidential consultation.