Facial Attacks on Telewarrants: Failure to Define 'Impracticable'

14 Pages Posted: 16 Jun 2016

See all articles by Hafeez Amarshi

Hafeez Amarshi

Public Prosecution Service of Canada

Date Written: April 8, 2016

Abstract

The use of telewarrants is a significant tool for law enforcement in Canada. They are guided by the Criminal Code that lays out specific requirements before police can obtain a search warrant by fax, dispensing with the need for personal appearance before a justice. Telewarrants are most often sought when police seek to execute a warrant after court hours or if there is a particular urgency. Although the courts have strictly read the preconditions outlined in section 487.1(1) as mandatory, the failure of the police to follow those conditions is not necessarily fatal to the admission of evidence by trial courts.

Keywords: Telewarrant, Search Warrants, Section 487.1, Impracticable, Issuance, Criminal Code, Canada

JEL Classification: K14

Suggested Citation

Amarshi, Hafeez, Facial Attacks on Telewarrants: Failure to Define 'Impracticable' (April 8, 2016). Available at SSRN: https://ssrn.com/abstract=2792472 or http://dx.doi.org/10.2139/ssrn.2792472

Hafeez Amarshi (Contact Author)

Public Prosecution Service of Canada ( email )

130 King St W, Suite 3400, Box 36
Toronto, Ontario M5X 1K6
Canada

HOME PAGE: http://www.ppsc-sppc.gc.ca/eng/

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