Search Warrant
A search warrant is judicial authorization issued under section 487 of the Criminal Code (or related provisions for specialized warrants) permitting police to enter and search a specified place for specified items. Search warrants are the primary mechanism by which police lawfully gather evidence from places where individuals have a reasonable expectation of privacy. Improperly issued or executed warrants engage section 8 of the Charter and can lead to evidence exclusion.
Mass Tsang's criminal lawyers conduct detailed warrant reviews on every file where the Crown relies on seized evidence. For more on Charter analysis, see our blog post on Charter challenges in drug cases.
How warrants are obtained
Warrants are obtained by an officer presenting an Information to Obtain (ITO) — a sworn affidavit — to a justice of the peace or judge. The ITO must establish, on a balance of probabilities, reasonable and probable grounds to believe that (a) an offence has been committed and (b) evidence of the offence will be found at the place to be searched. The ITO must set out the specific factual basis for both elements.
Specialized warrants
The Criminal Code contains several specialized warrant provisions for particular investigative tools: section 487.01 — general production orders for documents and records; section 184.2 — wiretap authorizations; section 487.012 — production orders for transmission data; section 487.014 — preservation demands; and Feeney warrants under sections 529-529.5 — entry into a dwelling to make an arrest. Each carries its own grounds threshold and procedural requirements.
Executing a warrant
Lawful execution requires: notice (knock-and-announce, unless dispensed with for safety or evidence reasons); timing within the warrant's authorized period (typically a specified date and time window); searching only the place authorized; seizing only items within the scope of the warrant or items in plain view that the officer has lawful grounds to seize; and providing a copy of the warrant to the occupant. Departures from these rules engage section 8 and can support exclusion remedies.
Challenging a warrant
Warrant challenges generally focus on: deficiency in the ITO (insufficient or misleading grounds, omissions of material information); reliance on tainted information from a prior breach ("fruit of the poisoned tree" analysis); errors in the warrant itself (wrong address, wrong items, wrong time); and improper execution. The Garofoli challenge — cross-examination of the officer who drafted the ITO — is a specialized procedure for testing the warrant's foundation.
Charter remedies
Where a warrant is found defective or improperly executed, the evidence seized can be excluded under section 24(2) using the three-part Grant test. Warrant challenges are among the most consequential Charter motions — particularly in drug, firearm, and digital-evidence cases. A successful challenge often ends the prosecution.
Related glossary terms
