Baron v. Canada, 93 DTC 5018, [1993] 1 SCR 416, [1993] 1 CTC 111 -- summary under Subsection 231.3(3)

Because s. 231.3 removed the residual discretion of the issuing judge to refuse to issue a search warrant in the proper circumstances, notwithstanding that the statutory criteria for its issuance had been met, it violated s. 8 of the Charter and, therefore, was of no force or effect, and search warrants issued and executed pursuant to it were invalid. It was noted, however, that nothing turned on the omission of the word "probable" from s. 231.3(3) ("'reasonableness' comprehends a requirement of probability" (p. 5028)), and that s. 231.3(3) did not violate the "standard of credibly-based probability" established in the Hunter decision (84 DTC 6467).