In order to search your house with a warrant, the police need to swear an affidavit (known as an ITO) to get authorization from a judicial officer. The ITO sets out the reasons, and the supporting evidence, why the police believe there will be evidence, such as...
Can the police use excluded wiretaps at trial?
by Mark Ertel | Aug 7, 2020 | Drug Offences
You've been charged with a criminal offence, such as conspiracy to traffic cocaine. The police used an agent and a wiretap to gather incriminating evidence against you. In doing so, they breached your Charter rights. The presiding judge rules that the wiretaps should...
Dynamic Entries
by Mark Ertel | Jun 26, 2020 | Drug Offences
"Dynamic Entires" are a tactic commonly used by the police in drug investigations. Although they thought they could, it turns out the police cannot just have a policy of bashing in your door and throwing a "distraction device" into your front entrance way scaring the...
Les nouvelles accusations de conduire avec les facultés affaiblies (par la drogues)
by Jacob Legault | Apr 15, 2020 | Driving Offences
Lorsque le gouvernement libéral a décidé de légaliser la marijuana, le gouvernement a aussi clairement indiqué qu'il apporterait également des modifications aux lois sur la conduite avec facultés affaiblies par la drogue. Ces changements sont entrés en vigueur le 17...
The New Impaired by Drug Driving Offences
by Ian Carter | Feb 10, 2020 | Driving Offences
When the Liberal government decided to move toward the legalization of marijuana, it made clear that it would also be making changes to Canada's impaired by drug driving laws. Those change came into effect on October 17, 2018. The most significant changes fall into...
Court considers admissibility of detector dogs and ion scanners at border crossings
by Jon Doody | Sep 10, 2018 | Drug Offences
When you cross the border into Canada from the USA, you are subjected to a search, where there is a lower expectation of privacy than you would otherwise have. A recent decision of the Ontario Superior Court considered the use of both detector dogs and ion scanners at...
When Do Police Need to Show a Search Warrant?
by Jon Doody | Jul 30, 2018 | Drug Offences
A recent Ontario Superior Court decision, R v Boekdrukker, addressed this issue. The Court examined both what is required in the Criminal Code as well as what is required under the common law. Section 29(1) of the Criminal Code states that: "It is the duty of every...
Recent Supreme Court of Canada Case regarding Warrantless Searches
by Jon Doody | Apr 19, 2017 | Drug Offences
The Supreme Court recently ruled in the case of R v Paterson, 2017 SCC 15, that police cannot search your home without a warrant simply because it would be impractical to obtain one. Warrantless entries must be compelled by urgency, immediate police action to preserve...
Getting out on Bail
by Michelle O'Doherty | Feb 28, 2017 | Bail
When you have been charged with a criminal offence, such as a minor theft, it is possible that you may be released at the police station with a promise to appear and you may be subject to conditions on an undertaking. In other cases, such as drug trafficking, the...
Searches for Drugs: What is an ITO?
by Jon Doody | Jan 31, 2017 | Drug Offences
An I.T.O. or Information To Obtain, is a document filed by a police officer to a Judge seeking authorization to obtain a search warrant, often to look for evidence of drug offences. This document is accompanied by an affidavit of the officer. The affidavit, a document...
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