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Production Order Drafting Checklist

From Criminal Law Notebook

Social Media LE Portals

Documents

Facial Validity

Key elements
  • applicant is a "peace officer or public officer,"
  • the decision-maker is a "justice or judge";
  • the recipient of the order is not the anticipated accused;
  • the order requires production of a copy of a document;
  • the document is in their possession or control;
  • there are reasonable grounds to believe:
    • an criminal offence or an offence under a federal act has been committed;
    • the document "will afford evidence" with respect to the offence;



See Also