A Practical Guide to the Suspension of s. 10 of the Charter during the Search Warrant Process
This paper discusses delays in access to counsel, contrary to the s 10 Charter right to timely contact with a lawyer, during the search warrant process. The boundaries of the “exceptional circumstances” justifying delayed access to counsel are reviewed in consideration of the case law, which include the prevention of imminent harm to police or public, preservation against imminent loss of evidence, and real and present danger of jeopardizing an ongoing investigation. In addition, detailed tables summarizing case law relevant to each exceptional circumstance are included in the appendices.
This paper is part of a collection presented at LESA’s Search Warrants seminar in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.
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