section 117.04(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires peace officers to report to the justice who issued a warrant or who might have issued one, showing what was seized during the execution of the warrant or search conducted without a warrant and the grounds for the search.

SECTION WORDING

117.04(3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing (a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.

EXPLANATION

Section 117.04(3) of the Criminal Code of Canada outlines the duties of a peace officer who executes a warrant or conducts a search without a warrant. It requires the peace officer to immediately report their actions to the justice who issued the warrant or would have issued a warrant if there was none. In the case of a warrant, the peace officer must report the items or documents seized and the date of execution of the warrant. This ensures that the justice who issued the warrant or would have issued it is aware of what has occurred during the execution of the warrant. In the case of a search without a warrant, the peace officer must report the grounds on which they concluded that they were entitled to conduct the search, along with any items or documents seized. This ensures that the justice is aware of the reasons why the search was conducted and whether or not it was justified. This provision helps to maintain accountability and transparency in police actions. By requiring peace officers to report on their actions, it ensures that the justice system can monitor their actions and prevents arbitrary or unjustified searches or seizures. It also provides a record for any future legal proceedings that may arise from the search or seizure.

COMMENTARY

Section 117.04 of the Criminal Code of Canada outlines the powers and duties of police officers when executing a search warrant or conducting a search without a warrant. This section is an essential component of the justice system, as it ensures that police officers are held accountable for their actions and safeguarded against potential abuse of power. Under subsection (1) of this section, a peace officer must have a warrant to conduct a search and seizure operation. The warrant must be issued by a justice of the peace or a judge, and it must specify the location of the search, the nature of the things or documents being sought, and the time frame for executing the warrant. This requirement is crucial in ensuring that police officers do not abuse their power by conducting unreasonable searches that violate the privacy of individuals. Subsection (2) of the section allows police officers to conduct a search without a warrant in specific circumstances. These include situations where a person has given their consent to the search, there are exigent circumstances that require an immediate search, or there is a lawful arrest that gives the police probable cause to search an individual's possessions. However, regardless of whether a warrant is issued or not, police officers are required to comply with subsection (3) of Section 117.04. This subsection mandates that officers must make a return to the justice who issued the warrant or a justice who might otherwise have issued a warrant. This return must provide details of the search operation, including the things or documents seized and the date of execution. For searches conducted without a warrant, the grounds for conducting the search and the items seized must be documented. The purpose of this requirement is to ensure that police officers operate within the legal framework of the justice system. By documenting the search operation, a record is created of the items seized and the justification for conducting the search. This makes it easier to hold officers accountable for their actions and ensures that they are not engaging in illegal or unethical practices. Moreover, requiring police officers to report back to a justice who might otherwise have issued a warrant provides an additional layer of oversight. The justice can review the documentation and assess whether the search was conducted lawfully. In cases where the search was conducted unlawfully, the justice can take corrective measures to safeguard the rights of individuals and prevent future abuses of power. In conclusion, Section 117.04(3) of the Criminal Code of Canada is a crucial component of the justice system. It ensures accountability and oversight of police officers when executing searches and safeguarding against potential abuses of power. It is essential that officers comply with this section to ensure the legitimacy of the justice system and the protection of individuals' rights.

STRATEGY

Section 117.04(3) of the Criminal Code of Canada is critical to the execution of search warrants and the conduct of searches without warrants by peace officers in Canada. It outlines the requirement for peace officers who execute a warrant or conduct a search without a warrant to make a return to the justice who issued the warrant or a justice who could have issued the warrant if no warrant was issued, detailing the items seized and the grounds on which the search was conducted. This section of the Criminal Code of Canada is consequential, as it ensures that the justice system can oversee the actions of the police and make appropriate decisions. Strategic Considerations When dealing with this section of the Criminal Code, some strategic considerations arise. These can include the following: 1. Ensuring Compliance with the Law The first strategic consideration when dealing with this section of the Criminal Code is ensuring compliance with the law. This requires that peace officers are aware of the requirements of the section and take them into account when conducting a search. Failure to comply could result in the search being declared invalid by the court, making the seized items inadmissible as evidence. 2. Accuracy and Timeliness Another strategic consideration is the accuracy and timeliness of the return. The peace officer executing the search warrant or conducting the search without a warrant must ensure that they provide accurate information about the items seized and the grounds on which the search was conducted. Additionally, the return must be made as soon as possible and without unreasonable delay. This ensures that the justice system can oversee the actions of the police and make accurate and timely decisions. 3. Implications on Future Proceedings Another strategic consideration when dealing with this section is the implications of the return on future proceedings. The information provided in the return could be used by the defence during a trial or other proceedings. This makes it critical that the peace officers are honest, accurate, and complete in their returns. Strategies There are several strategies that can be employed when dealing with this section of the Criminal Code of Canada, including the following: 1. Thorough Training The first strategy is thorough training for peace officers on the requirements of the section. This will ensure that they are aware of their obligations and can comply with them when conducting searches. 2. Accurate Recording The second strategy is accurate recording of the items seized and the grounds on which the search was conducted. This will ensure that the information provided in the return is correct and can withstand scrutiny in court. 3. Quick Turnaround The third strategy is a quick turnaround for the return. This will ensure that the justice system can oversee the actions of the police and make timely decisions. 4. Attention to Detail The fourth strategy is attention to detail when filling out the return. This will ensure that the return is accurate, complete, and can withstand scrutiny in court. Conclusion In conclusion, Section 117.04(3) of the Criminal Code of Canada is critical to the execution of search warrants and the conduct of searches without warrants by peace officers in Canada. It outlines the requirement for peace officers who execute a warrant or conduct a search without a warrant to make a return to the justice who issued the warrant or a justice who could have issued the warrant if no warrant was issued, detailing the items seized and the grounds on which the search was conducted. Some strategic considerations when dealing with this section include ensuring compliance with the law, accuracy and timeliness of the return, and the implications of the return on future proceedings. Strategies that can be employed include thorough training, accurate recording, quick turnaround, and attention to detail.