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R. V. Ha: Upholding General Warrants Without Asking The Right Questions, Steve Coughlan
R. V. Ha: Upholding General Warrants Without Asking The Right Questions, Steve Coughlan
Articles, Book Chapters, & Popular Press
To date, in considering general warrants, courts have been failing even to think about a distinction which ought to be seen as essential. The distinction arises in connection with the requirement in section 487.01 (l)(c) of the Criminal Code that a general warrant is only available when no other provision in any statute could authorize the search. In R. v. Ha, reported ante p. 24, the Ontario Court of Appeal notes that: The simple fact is that there is no provision in the Code, the CDSA, or in any other federal statute that would authorize an unlimited number of covert …
Common Law Police Powers And The Rule Of Law, Steve Coughlan
Common Law Police Powers And The Rule Of Law, Steve Coughlan
Articles, Book Chapters, & Popular Press
Common law police powers have long been a source of some dispute in the Canadian criminal justice system. On the one hand, their existence is difficult to reconcile with predictability in the law, since in any individual case where a new power is created (generally referred to as use of the "ancillary powers doctrine"), it would not have been possible to know in advance that the police were actually acting legally. On the other hand the benefit for society purchased with that ambiguity is a more tailored response to the particular problem, which might also lead to better results in …