Facial Attacks on Telewarrants: Failure to Define 'Impracticable'
14 Pages Posted: 16 Jun 2016
Date Written: April 8, 2016
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: Suggested Citation