I often have Edmonton clients who advise me that they have their premises searched but are not shown a copy of the search warrant when they request same. Section 29. of the Criminal Code of Canada says that the police must show a copy of the search warrant when it is feasible to do so. In a recent case the failure of the police to do so resulted in the Court finding the accused’s rights were violated.
See R. v. McCarter BCJ No 871
The Alberta Court of Appeal recently upheld a trial decision where a person accidentally struck and killed a person on an Edmonton Highway who was assisting another motorist with a flat tire. In that case the driver who caused the accident reported the accident to the police and his insurance company as he was required to do so by law. The Crown then sought to use his report against him to prove he was the driver who caused the accident and to obtain a search warrant to seize his motor vehicle.
I could never understand why the case was prosecuted. The Supreme Court of Canada has been very clear that statements that are statutorily compelled cannot be used against an individual. I also question the police tactics in this case. To obtain a search warrant with evidence that they knew was inadmissible was attempt to circumvent the law.
The full case can be found HERE
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