LE360 Warrants Flashcards
What are the five types of production orders?
- General, form 5.005
Orders a person to produce a copy of a document or to prepare and produce a copy of a document containing data. This is based on the affiant’s reasonable grounds to believe. - To trace, form 5.006
For the purpose of identifying a device or person involved in the transmission of a communication that has already been sent this is based on the affiance reasonable grounds to suspect. - Historical transmission data, form 5.007
Orders the production of transmission data which has already occurred. This is based on the Affiant’s reasonable grounds to suspect. - Historical tracking data, form 5.007
Orders the production of tracking data that will reveal the location of a transaction, individual or thing. This is based on the Affiant’s reasonable grounds to suspect. - Financial information, form 5.008
Orders a financial institution to produce a document providing the account information for a person specified in the order or the name of an account holder, the type of account and its status and the date on which the account was opened or closed based on a provided account number. It may also order the production of the person’s date of birth and current and previous address in order to confirm identity. This is based on the Affiant’s reasonable grounds to suspect.
What are the types of Warrants ?
- 487 Search warrant
- Part 6 (VI) and video warrant S.185&186
- Transmission data recorder warrants
- Tracking warrants
- C.D.S.A. Warrant S.11
- Warrant in the First
- Feeney Warrant - Arrest Warrant Form 7.1 Warrant to enter dwelling house S.529.1 C.C.
- Blood warrant Section 256 C.C.
- Impression warrants for hand prints, foot prints, under S487.091 C.C
- Search warrants under S.11 C.D.S.A.
- Public Safety Search Warrant S.117.04 C.C.
- DNA warrants
- FTA for dna sample
- Bench Warrant
- Committal Warrant / Warrants of committal
- Parole Warrants
- Surety Warrants
- Material Witness Warrant
- Child, Youth and Family Services Act Warrant
- Family Law Act and Family Responsibility Office Arrest Warrant (must be show caused)
What is a sealing order?
The criminal code provides 5 instances when a sealing order can be applied to warrant in order to exclude specific information from being disclosed on the grounds that the ends of justice would be subverted by the disclosure.
A. If the disclosure of any information will
1. Compromise the identity of a confidential informant
2. Compromise the nature and extent of ongoing investigations
3. Endanger persons engaged in particular intelligence gathering techniques and thereby prejudice future investigations in which similar techniques would be used or
4. Prejudice the interest of an innocent person
Warrant in the First instance
- A warrant for arrest of a person may be issued by a justice under S.507 C.C.
- An officer may consider seeking an arrest warrant when all reasonable attempts to locate the suspect have been made and are unsuccessful
- Prior to applying for an arrest warrant, the lead investigator shall
- Ensure that all reasonable attempts to locate the accused have been made and are documented
- Determine if the warrant should be endorsed (this will allow the Officer-in-Charge to release the accused when an arrest is made, if release conditions are met); The lead investigator’s comments to the JP shall be included in the Prosecution summary warrant request template (PS text page) which is submitted to the Justice of the Peace by the YRP court officer during the swearing process
3.Ensure the Prosecution Summary - Warrant request template (PS text page) includes the following information
A. attempts made to locate the accused
B. A reasons if requesting the warrant not to be endorsed - Prepare a confidential crown folder according to procedures A312 Court preparation and workflow
- Call the IM Processing unit to confirm receipt for priority matters
- Ensure all pen to paper documents have been prepared, scanned to the go and submitted to the general occurrence reader unit in the red bag for the electronic warrant in the first crown folder
- Ensure all documents attached to the go report that are to be completed/served upon the accused at the time of the arrest are clearly marked “to be served”
- Add an AD text with subject line “documents to be completed/served upon arrest”
- Add an AD text with subject line “request for transport for interview prior to release”, if a statement from the person is required and the warrant may be endorsed
- If there is an issue with the warrant, or if the warrant is denied, the officer will be contacted by email
- If the officer in charge is seeking a larger radius than 80km, the information management criminal record unit will need to be notified
- if seeking a Canada-wide warrant, obtain approval by the Crown and send an email to crimrecords@yrp.ca
- Not under any circumstances, attached the original unexpected e-warrant to the go.
Feeney Warrant - Arrest warrant 7.1 Warrant to enter Dwelling House
A. When officers have reasonable grounds to believe a person named in a warrant is or will be in a dwelling, officers may obtain an entry warrant in Form 7.1
B. It is not necessary that the officers be able to name the person who is to be arrested section 529.1 allows for a warrant to be issued for a person who is identified or is identifiable. There must be a sufficient description of the person to enable identification for the arresting officer
C. Section 529.3(1) allows for a warrant less entry into a dwelling for the purpose of arrest in the event of exigent circumstances. If a police officer has reasonable grounds to believe the person is in the dwelling house and the conditions for obtaining a Warrant to Enter a Dwelling House exist but by reason of exigent circumstances it would be impracticable to obtain a warrant, the officers may enter and search for the person without a warrant. Exigent circumstances include situation when the police officer:
1. Has reasonable grounds to suspect that entry into the dwelling is necessary to prevent imminent bodily harm or death to any person; or
2. Has reasonable grounds to suspect that evidence to the commission of an indictable offence is present in the dwelling and that entry is necessary to prevent the imminent loss or destruction of the evidence.
D. When executing a warrant to enter a dwelling house, an officer entering a dwelling to affect an arrest must comply with the prior announcement rules which are:
1. The police must give notice of their presence by knocking or ringing a doorbell
2. They must give notice of their authority by identifying themselves as police officers and give notice of their purpose by stating a lawful reason for entry and
3. Before forcing entry, they should at minimum, request admission and have admission denied
E. Where requisite grounds exist, the justice may issue a warrant to enter a dwelling house explicitly authorizing the police officer to enter without prior announcement
F. When police officer executing the warrant has reasonable grounds to believe exigent circumstances as outlined in subjections 6(c) (i) and (i) above exist, the requirement for prior announcement may be dispensed with. If a person in the name dwelling is not present in the named dwelling when the warrant is executed, the warrant is deemed to be executed
G. When the warrant has been executed at a vacant premises/place, the executing officers shall secure the premises/place and leave a copy of the warrant in a conspicuous location
H. Where it is deemed impracticable to appear personally before a justice to obtain a warrant under section 529 or 529.1 an application may be made by way of a telecommunication device under section 487.1
