LEGL-220 Lecture Notes - Lecture 2: Exigent Circumstance, Summary Offence, The Offence
9 Nov 2017
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They are tried on an information: max. 6 months imprisonment: limitation of 6 months after offence to be charged, ex. Small theft: trial is always in provincial court, never queen"s bench. No: jury trials are only ever in queen"s bench. Who issues such a search warrant on what standard of proof: a justice of the peace, reasonable grounds. If police find the evidence or materials indicated above, what can they do with them: seize them. When can police seize items without a search warrant: under a general cc power . If a police offer was lawfully present: under s. 487. 11 without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances would be impracticable to obtain a warrant. It sets out that if the items below are met, then it is lawful for them to do so.
