Traduction de «Mandat de délivrer un bref » (Français → Anglais) :

1. The executing judicial authority may also refuse to execute the European arrest warrant issued for the purpose of executing a custodial sentence or a detention order if the person did not appear in person at the trial resulting in the decision, unless the European arrest warrant states that the person, in accordance with further procedural requirements defined in the national law of the issuing Member State:

2. In case the European arrest warrant is issued for the purpose of executing a custodial sentence or detention order under the conditions of paragraph 1(d) and the person concerned has not previously received any official information about the existence of the criminal proceedings against him or her, he or she may, when being informed about the content of the European arrest warrant, request to receive a copy of the judgment before being surrendered.

1. where the European arrest warrant has been issued for the purposes of executing a sentence or a detention order imposed by a decision rendered in absentia and if the person concerned has not been summoned in person or otherwise informed of the date and place of the hearing which led to the decision rendered in absentia, surrender may be subject to the condition that the issuing judicial authority gives an assurance deemed adequate to guarantee the person who is the subject of the European arrest warrant that he or she will have an opportunity to apply for a retrial of the case in the issuing Member State and to be present at the judgm ...[+++]ent.

3. Where the certificate is issued by a producer, dealer or collector on behalf of an authorised treatment facility, the name and address and registration or identification number(2) of the establishment or undertaking issuing the certificate.

See, for example, Hunter v. Southam,[1984] 2 S.C.R. 145, where a unanimous Supreme Court of Canada found that a search will be reasonable, thereby meeting the requirements of section 8 of the Canadian Charter of Rights and Freedoms (which protects against unreasonable search and seizure), if it is authorized by a statute; the statute requires the official to obtain a search warrant prior to the search; the search warrant is issued by an impartial arbiter not involved in the investigation; and the issuing authority has been satisfied, under oa ...[+++]th, that there are reasonable and probable grounds to believe that an offence had been committed and that evidence relating to the offence may be found in the place to be searched.

See, for example, Hunter v. Southam, [1984] 2 S.C.R. 145, where a unanimous Supreme Court of Canada found that a search will be reasonable, thereby meeting the requirements of section 8 of the Canadian Charter of Rights and Freedoms (which protects against unreasonable search and seizure), if it is authorized by a statute; the statute requires the official to obtain a search warrant prior to the search; the search warrant is issued by an impartial arbiter not involved in the investigation; and the issuing authority has been satisfied, under oa ...[+++]th, that there are reasonable and probable grounds to believe that an offence had been committed and that evidence relating to the offence may be found in the place to be searched.