Search Warrants

A search warrant grants police the legal authority to enter your home or access your private information—such as banking records or cellphone data—without prior notice or your consent.

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How Police Obtain a Search Warrant

To get a search warrant, police must file an “Information to Obtain” (ITO), which outlines the reasons for requesting the court’s approval. Common types of court authorizations include:

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• Authorization to intercept communications (Part VI authorization)

• Search warrants

• Production orders

• Tracking warrants

 

Challenging a Search Warrant

Any search warrant or authorization can be contested in court. While the law generally assumes warrants are valid, it’s the lawyer’s responsibility to prove otherwise. Typical grounds for challenging a warrant include:

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• Questioning the accuracy and honesty of the information police provided to the court (was the affidavit full, frank, and fair?)

• Arguing that the warrant lacked the necessary legal basis

• Asserting there wasn’t enough evidence to justify the search of the specified location or item

• Demonstrating that police exceeded the scope of the warrant or conducted the search unreasonably

 

If a warrant challenge succeeds, the evidence obtained through the search may be excluded from your case.

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Bail Hearings

Anyone who is arrested in Canada has the right to appear before a justice of the peace for a bail hearing within 24 hours. Bail hearings are held for individuals in custody who have not yet been found guilty of a crime. I recognize that being arrested and detained can be a stressful and traumatic experience. I am ready to act quickly and represent you at your bail hearing as soon as possible.

In some cases, police may choose to release the accused directly from the station. However, there are circumstances where, for public safety or to ensure the proper administration of justice, the accused must remain in custody and attend a formal bail hearing. At that hearing, the court will decide whether to grant bail—usually with specific conditions—or order the accused to remain in custody until their case is resolved.

Although pre-trial detention is not common, its consequences can be serious. I understand how crucial it is to secure bail early and has a strong track record of conducting successful bail hearings. I tailor each strategy to the unique facts of the case to persuade the court to grant release.

 

Bail Review

If bail is denied at the initial hearing, the accused has the option to request a bail review, which is essentially an appeal of that decision. This process takes place in the Superior Court of Justice.

To succeed in a bail review, you must demonstrate that there has been a material change in circumstances since the original hearing. This could include presenting a significantly stronger bail plan, new developments in the Crown’s case, or the passage of time. Alternatively, it may be shown that the judge or justice of the peace made a legal error in their ruling.

It’s important to note that the Crown also has the right to request a bail review if the accused was granted bail.

 

Bail Pending Appeal

Bail pending appeal refers to a situation where a person who has been convicted but is appealing their case seeks to remain out of custody while their appeal is being heard by the Court of Appeal.

To be granted bail during this period, three criteria must be met:

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1. The appeal must not be frivolous – There must be legitimate grounds for appeal.

2. The applicant must agree to return to custody if required.

3. The release must not be contrary to the public interest.

 

The first step in this process is filing a Notice of Appeal, followed by an application for bail pending appeal. Supporting documents typically include affidavits from the applicant and proposed sureties, as well as a formal notice of application.

 

Breaching Court Orders

Bail and probation conditions are often strict, and failing to comply with them can result in a criminal charge for breaching a court order. Even minor violations can lead to serious legal consequences. Common breaches include:

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• Failing to attend a scheduled court appearance

• Not completing assigned community service hours

• Failing to pay court-ordered restitution

• Missing appointments with a probation officer

• Violating bail conditions, such as breaking curfew or leaving house arrest

• Failing to comply with a Long-Term Supervision Order (LTSO)

 

Violating any of these conditions can result in criminal penalties, including a criminal record and up to 4 years of imprisonment. Additionally, your existing bail or probation can be revoked, potentially leading to re-incarceration. Your sureties may also suffer financial losses if they pledged money to guarantee your compliance with court conditions.

Being convicted of breaching a court order can negatively impact your credibility in the eyes of the court, law enforcement, and the Crown. This may make it more difficult to secure future bail or a favourable outcome in your case.

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Breaching a Long-Term Supervision Order (LTSO)

A Long-Term Supervision Order is a special sentencing measure that applies to individuals designated as dangerous offenders under section 753 of the Criminal Code. An LTSO can last for up to 10 years and is designed to ensure that high-risk offenders are closely supervised after their release from custody.

During the term of an LTSO, individuals are monitored under the Corrections and Conditional Release Act and must follow strict court-imposed conditions. Failing to comply with these conditions is considered a serious criminal offence and can result in a maximum sentence of 10 years in prison.