Romaniuk's
Search Warrants Considered

Applications to Search in Canada
By Foreign Governments

• Made under the Mutual Legal Assistance in Criminal Matters Act.
• To be heard exclusively by judges under the terms of the Act.
• The applicant needs a letter of consent from the A.G. of Canada.
• Procedural clarifications
  [Budd, W.; OCA, app dism'd; SCC and Canada v. Hudak; BCSC].
• ITO requirements
  [Dawson, D.; ABQB and aff'd; ABCA, Ni-Met Resources Inc.; OCA and Orphanou, F.; OSCJ].
• The information attested to in the ITO must meet Canadian standards
  [Barbarash, D.; BCSC].
• The ITO must describe why the evidence sought will be found in Canada
  [Sherk, K.; BCSC].
• Provided that copies of the same are attached, third party statements made under oath in another country can be used in an ITO for a search warrant issued pursuant to the provisions of the Mutual Legal Assistance in Criminal Matters Act
  [Amhaz, A.A.; {para 25}; BCSC].
• The MLAICMA is constitutional {para 49}
  [Crystal Communications; BCSC].
• Balancing ss. 12 and 15 of the Mutual Legal Assistance in Criminal Matters Act
  [Wilson, M.E.; {paras 36-47}; BCCA].
• The solicitor/ client privilege extends to materials seized under foreign government searches approved under the Mutual Legal Assistance in Criminal Matters Act
  [Wilson, M.E.; {para 62}; BCCA].
  Also review privileged materials - law offices.

Searches Outside of Canada

• Searches by Canadian government authorities made outside of Canada must comply with the search and seizure laws of the country in which the search was made. The provisions of s. 8 of the Charter of Rights do not apply
  [Hape, L.R.; {para 62} SCC].
• Foreign government procedures do not have to comply with Canadian Charter requirements to provide information requested by Canadian governmental authorities
  [Schreiber, K.; {para 28} SCC].
• Canadian authorities can apply to Canadian courts for intrusive warrants (here for a wiretap warrant), that will be executed in foreign jurisdictions. In this instance it was a well documented allegation of a breach of national security
  [X (Re); FCC].

END OF FOREIGN APPLICATION SECTION

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