Traduction de «translation of mandat de perquisition » (Français → Anglais) :

Although the Charter does not specifically require that police obtain a search warrant to conduct a search, the Supreme Court of Canada in Hunter v. Southam Inc. has established a presumption that a warrantless search is unreasonable.[27] The general rule for a valid search is that the police will require prior authorization to conduct the search (for example, by obtaining a search warrant) and reasonable and probable grounds to justify it. This is to provide a safeguard against unjustified state intrusion.

On the basis of a search warrant granted by the competent judicial authority, ASIC has the power to search the premises of CRAs.

This is particularly important in intellectual property matters, where evidence of the alleged infringement must be secured by search orders, " saisies contrefaçon " or " saisies description "[23], and in maritime matters.

One Member State (United Kingdom) has restricted investigative measures to search warrant and production orders and most of the national enacting legislation does not deal with it (Denmark, Germany, France, Lithuania, Hungary, Malta, the Netherlands, Austria, Portugal).

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 oath, that there are reasonable and probable grounds to believe that an offence had been committ ...[+++]ed 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 oath, that there are reasonable and probable grounds to believe that an offence had been commit ...[+++]ted and that evidence relating to the offence may be found in the place to be searched.