Canada's Search Laws

What are Canada's Search Laws?

While carrying a warrant with your name and address on it, police can demand to search your property at any time. If the information on the warrant is incorrect, you have the right to refuse a search and consult a lawyer immediately. A warrant cannot be overruled or stopped if you demand them to (if the information on it is correct). In order to enter premises, police can lawfully break down any barrier in their way as long as excessive force is not used. If excessive force is used, police will be held liable for their actions. Once inside the property, the police can only search people on-premises if they believe that they are possessing any drugs or weapons. Additionally, if law enforcement is to use electronic surveillance equipment during the search, they are required to acquire a separate warrant from the judge. In order to speed up the process of acquiring a warrant, a telewarrant may be issued. 

However, there is an exception to search laws when police believe that a property (which is not a private residence) contains illegal drugs. In this scenario, police have the full right to search the whole property and anyone on it with reasonable and probable grounds. The searches normally take place when police don't want to risk losing an opportunity due to the amount of time it takes to obtain a warrant. This exception can only be made when police are in suspicion that you are carrying illegal drugs and are not on a private residence! You may also ask the officer for their badge number to confirm that they are actually a law enforcement officer.