Page 1290 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
ding, receptacle or place in the province; and
(c) it would not, in the circumstances, be appropriate to make an order under subsec-
tion 18(1).
(2) A judge who issues a search warrant under subsection (1) may subject the execution of the
warrant to any conditions that the judge considers desirable, including conditions relating to the
time or manner of its execution.
(3) A judge who issues a search warrant under subsection (1) shall fix a time and place for hea-
ring to consider the execution of the warrant as well as the report of the peace officer concerning
its execution.
(4) A search warrant issued under subsection (1) may be in Form 5 in Part XXVIII of the Criminal
Code, varied to suit the case, and must
(a) set out the time and place for the hearing mentioned in subsection (3);
(b) state that, at that hearing, an order will be sought for the sending to the state or
entity of the records or things seized in execution of the warrant; and
(c) state that every person from whom a record or thing is seized in execution of the
warrant and any person who claims to have an interest in a record or thing so seized has the right
to make representations at the hearing before any order is made concerning the record or thing.
(5) A peace officer who executes a search warrant issued under subsection (1) shall, before
entering the place or premises to be searched or as soon as practicable thereafter, give a copy of
the warrant to any person who is present and appears to be in charge of the place or premises.
(6) A peace officer who, in any unoccupied place or premises, executes a search warrant issu-
ed under subsection (1) shall, on entering the place or premises or as soon as practicable thereaf-
ter, cause a copy of the warrant to be af- fixed in a prominent place within the place or premises.
13.1 (1) A judge of the province to whom an application is made under subsection 11(2) may,
in a manner provided for by the Criminal Code, issue a warrant, other than a warrant referred to
in section 12, to use any device or other investigative technique or do anything described in the
warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of
a person or a person’s property.
(2) A warrant issued under subsection (1) may be obtained, issued and executed in the man-
ner prescribed by the Criminal Code, with any modifications that the circumstances may require.
(3) Despite subsection (2), subsections 12(3) and (4) and sections 14 to 16 apply in respect of