Canadian Criminal Procedure and Practice/Search and Seizure/CDSA Warrants

General Principles

Section 11(1) of the Controlled Drugs and Substances Act concerns warrants relating to drug offences:

11. (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that:

(a) a controlled substance or precursor in respect of which this Act has been contravened,

(b) anything in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,

(c) fence-related property, or

(d) anything that will afford evidence in respect of an offence under this Act.

– CDSA

A CDSA search warrant can be issued by a justice of the peace, provincial court judge or superior court judge.^[1]

The requirements for a CDSA search warrant are the same as those under a General Warrant.^[2]

↑ R. v. Agecoutay, 2009 SKCA 100 at para. 15
↑ R. v. Law, 2002 BCCA 594 at para. 6

[1] R. v. Agecoutay, 2009 SKCA 100 at para. 15

[2] R. v. Law, 2002 BCCA 594 at para. 6

[1]

[2]