The Queen v. Print Three Inc., 85 DTC 5303, [1985] 2 CTC 48 (Ont CA) -- summary under Subsection 231.3(3)

By services, 28 November, 2015

S.231(4) is unconstitutional in its entirety and "cannot be severed into good and bad parts".

In addition to the reasons given in Kruger, s. 231(4) is in breach of s. 8 of the Charter to the extent that it does not comply with the following criteria: (1) there must be an independent arbiter (such as a judge, but not the Minister) who is satisfied that there are reasonable grounds for believing that an offence has been committed; (2) the Minister must present to the arbiter or judge grounds to believe that evidence is likely to be found at the place of search; (3) there must be statutory direction as to what is to be issued by the judge in granting his approval; and (4) the authorization must specify the things to be searched for.

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