UNIFORM LAW CONFERENCE OF CANADA

The main purpose of the provision is to allow law enforcement to find, seize, and preserve things that “will afford evidence” of an offence.1 The warrant must clearly identify the place to be entered and searched, and the thing or things to be 1 The most-used route to issuance of a 487 warrant is paragraph 487(1)(b), which requires reasonable belief on the part of the applicant that seizure of the. [...] Conditions on the manner of execution of a warrant are not always possible to determine appropriately in advance, as is reflected in the Supreme Court of Canada’s recognition that the manner of execution of a search should be reviewed after the fact, and not generally prescribed in advance in the war- rant.18 Recommendation 1.4: The Working Group recommends that Parliament should consider whethe. [...] [42] The controversy relates to the statutory definition of “dwelling-house”19 in sec- tion 2 of the Criminal Code: “dwelling-house” means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way,. [...] At common law, curtilage is the area of land attached to and immediately surrounding the dwelling.20 It is well established that a warranted search of a dwelling can extend to its curtilage, although it is often debated whether the conduct of the search in fact strayed beyond the limits of the curtilage and/or the specific wording of the warrant in issue.21 [44] Some courts in Ontario have accepte. [...] 3.3 Bodily searches of people at the place to be searched [56] It is arguable that section 487 currently does not provide authority for police to conduct a bodily search of a person who is in the place to be searched, even if police have a reasonable basis for thinking that a thing to be seized is within the personal pos- session of that person.35 The argument is simply that a person is not a “pla.