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| Patrick Ducharme |
A Judge or Justice may issue a tele-warrant in circumstances where a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a Justice to obtain an ordinary search warrant.1 This process is intended to provide immediate access to a judicially authorized search warrant in exigent circumstances. In these circumstances the officer provides information to a Justice by telephone or by facsimile, and, the Justice issues the warrant orally or by facsimile to the officer. The proceedings are recorded. This same methodology is also available to obtain a general warrant2, a warrant for DNA3 or a bodily impression warrant4. The information must be on oath and recorded verbatim by the Justice.5 The Justice must cause to be filed as soon as practicable the record of the transcription of the information or the written document with the clerk of the court for the territorial division in which the warrant is intended for execution. The Justice must also certify the record or transcription of the information as to time, date and contents.6 The tele-warrant issued by a Justice has the same legal effect as an ordinary search warrant. The peace officer provides a facsimile of the warrant to any person present and in ostensible control of the place to be searched.
487.1: Where a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a Justice to make application for a warrant in accordance with section 256 or 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a Justice designated for the purpose by the chief Judge of the provincial court having jurisdiction in the matter.
(2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the Justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the Justice as to time, date and contents.
487.051: The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition “primary designated offence in section 487.04 when the person is sentenced or discharged.
487.04: “designated offence” means a primary designated offence or a secondary designated offence;
Continued reading “Primary designated offences”
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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