The Effect of False or Misleading Information on the Validity of the Search Authority
Applications for search
warrants and authorizations to intercept private communications under Part VI
are ex parte
proceedings. As a result, the author of the supportive document must make full,
fair and frank disclosure of all material facts so that the authorizing judge
or justice can assess whether the contents satisfy the conditions precedent to
issuance of the search authority: R.
v. Araujo, 2000 SCC 65, [2000] 2 S.C.R. 998, at para. 46.
The obligation to make
full, fair and frank disclosure of all material facts in an ITO or Part VI
affidavit is a function of the ex
parte nature of the procedure involved in obtaining the search
authority.
R.
v. Donnelly, 2016 ONCA
988 at para 82.
Without more, inclusion
of false or misleading information in the ITO or supportive affidavit does not
vitiate the search authority. The reviewing judge excludes the erroneous
information and then determines whether there remains reliable information that
might reasonably be believed on the basis of which the search authority could have issued.
R.
v. Vu, 2013 SCC 60, [2013] 3 S.C.R. 657, at para. 16; Araujo, at para. 54.
Comments
Post a Comment