Chapter 5: Powers of Investigation, Search and Seizure, Inspection

SECTION 1 - INVESTIGATIONS

1. The QR&O authorize, and in some instances require, the conduct of an investigation. The nature of the matter to be investigated determines the scope and type of investigation as well as who authorizes and conducts the investigation.

2. In general, investigations can be categorized into two types; administrative and disciplinary. The purpose of this Chapter is to provide an overview of disciplinary investigations. It will also discuss the influence of administrative investigations on the disciplinary process.

Disciplinary Investigations

3. Disciplinary investigations are conducted pursuant to QR&O Chapter 106 (Investigation of Service Offences) to determine whether a service offence has been committed.

4. The purpose of investigating a service offence is to reconstruct events, gather evidence, identify elements of the alleged offence and identify those responsible.¹ An investigation shall be conducted when a complaint² is made or where there are other reasons to believe that a service offence may have been committed.

5. The investigation shall be conducted as soon as practical to determine whether there are sufficient grounds to justify the laying of a charge.³ As a minimum, the investigation must collect all reasonably available evidence bearing on the guilt or innocence of the person who is the subject of the investigation.⁴

Types of Investigations

6. The type of investigation conducted is dependant upon the nature of the offence and the gravity or sensitivity of the matter.

7. NIS Investigations. The NIS will normally investigate all offences of a serious and sensitive nature.⁵ For a description of the role of the NIS, see Section 3 of Chapter 3, Framework of the Military Justice System.

8. A serious offence is generally any indictable or hybrid offence under a federal statute or its equivalent offence under the NDA. A sensitive offence is any offence involving sensitive material; or where the subject or the victim of the offence is a senior officer (Major and above), a CO, personnel in a position of trust, or the civilian equivalent. However, this does not normally include those comparatively minor offences listed in Appendicies 2 and 3 to Annex A of Chapter 6 of the Military Police Policies and Technical Procedures. This document is attached at Annex C. Such offences are normally investigated by Base/Wing military police.

9. When there is doubt between the military police and NIS as to who has jurisdiction for the investigation of an offence, the matter will be referred to the NIS for assignment.⁶ Further, the NIS may waive its primary jurisdiction to investigate sexual assault and certain other hybrid offences to either the Base/Wing military police or to other civilian police agencies.⁷

10. Military Police Investigations. Base/Wing Military Police can conduct investigations regarding offences that involve either members or civilians. The military police have the jurisdiction to investigate any non-serious or non-sensitive offence. Examples of such offences are found in Appendix 2 and 3 to Annex A of Chapter 6 of the Military Police Policies and Technical Procedures, which are attached at Annex C. In addition, they may also have jurisdiction over serious and sensitive offences over which the NIS has waived jurisdiction.

11. Unit Investigations. Although the military police have jurisdiction to investigate any service offence over which the NIS does not take jurisdiction, there are circumstances when disciplinary investigations will be undertaken by the unit authorities pursuant to QR&O Chapter 106 (Investigation of Service Offences). The circumstances of the offence as well as the seriousness of the offence, complexity of the investigation and location of the unit having regard to the availability of Military Police resources, are factors to be considered in determining whether the unit or the military police should conduct the investigation.

12. Units have traditionally assumed responsibility for conducting investigations into minor breaches of discipline. The offences referred to at paragraph (1) of QR&O 108.17 may be considered to fall into this category, provided the circumstances surrounding the commission of the offence are sufficiently minor in nature such that no right to elect court martial would arise, and the alleged perpetrator is not a senior officer (major and above) or civilian. They would not investigate offences that are serious and sensitive or which are likely to be tried by court martial. This list is meant to be a guideline rather than an exhaustive group. For example, although they do not appear on this list, allegations of the negligent discharge of a weapon are often investigated at the unit level. If there is any question about whether an investigation should be referred to the military police, the unit legal advisor or the military police should be contacted for advice.

Conduct of Unit Investigations

13. The investigator's role is to reconstruct the events that occurred at the time of the alleged offence. The investigation shall, as a minimum, gather all readily available evidence bearing on the guilt or innocence of the person who is the subject of the investigation, identify those responsible and identify the required elements of the specific offence in order to support a charge.⁸

14. An important part of conducting an investigation is interviewing witnesses, which may include obtaining statements from anyone suspected of committing the offence. Care should be taken when interviewing or obtaining statements. It is important that the information come directly from the witness and not be suggested through the wording of the investigator's questions. Where, for example, the unit is conducting an investigation on an alleged assault between two members in the mess at closing time, it would be proper to ask a potential witness: “Were you at the mess? …What time were you there? … Did you see anything happen at closing time?”. It would not be appropriate to ask: “Were you at the mess when Lt Jones hit Lt Smith?”.

15. When a disciplinary investigation is conducted by the unit, it is important that it is conducted properly and that the rights of the accused be respected.

16. Given the strict requirements of the law relating to the use of statements made by an accused as evidence, those members conducting unit investigations should only take statements from those suspected of committing an offence in exceptional circumstances. The suspect must be cautioned about the right to remain silent. The following form for the caution can be used where no charge has been laid, but it is suspected that the person may be implicated in the offence:

Where a charge has been laid, the following caution can be used:

17. When a person who is suspected of being implicated in an offence has been questioned previously about the circumstances under investigation the following supplementary caution should be used before questions are put to that person or a statement is taken:

18. These cautions do not have to be given to every witness before questioning or obtaining a statement, only those who are suspected of committing an offence or have already been charged. Further, the questioning of an individual member who is the subject of an investigation presents numerous challenges to the gathering of admissible evidence such as the detention of the individual and obligation to provide the individual with a meaningful right to legal counsel. The advice of the unit legal advisor should be obtained before any statement or interview is sought from a member who is suspected of committing a service offence.

19. With respect to any physical evidence collected during the investigation, such as documents, a weapon, clothing etc., these items must be protected and kept secure. This is important to ensure the items are not misplaced or tampered with.¹² Questions concerning the handling and storage of evidence should be referred to the unit legal advisor.

Administrative Investigations

20. There are three types of administrative investigations: summary investigations,¹³ boards of inquiry,¹⁴ and informal investigations. These investigations are conducted when required by regulations and orders¹⁵ or when necessary for the effective and efficient control of administration of a unit or other element.¹⁶

21. While the purposes of administrative investigations and investigations of service offences are quite different, the conduct of an administrative investigation may well have an influence upon the conduct of the investigation of a service offence where its scope or witness lists are similar. Some administrative investigations have the authority to compel witnesses to give evidence and this may well have a detrimental effect upon the admissibility of certain evidence at a disciplinary hearing. Further, if both investigations are conducted simultaneously, the distinctions in purpose may be lost upon all parties involved to the detriment of both.

22. Boards of Inquiry. A board of inquiry can be convened by the MND, the CDS, an officer commanding a command or formation, or a CO.¹⁷ A board of inquiry will only be convened in the following circumstances:

1. to investigate matters of unusual significance or complexity;
2. when specifically required by QR&O, CFAOs, DAODs or other orders; or
3. when directed to do so.¹⁸

23. The composition of a board of inquiry is determined by the convening authority and may involve two or more officers or two or more officers with one or more NCMs above the rank of sergeant.¹⁹ An investigation by a board of inquiry is formal and may involve taking evidence under oath or solemn affirmation. The board conducts the inquiry and prepares and submits minutes in accordance with the terms of reference prepared by the convening authority.

24. Summary Investigations. A summary investigation can be ordered by the CDS, an officer commanding a command or formation, or a CO.²⁰ A summary investigation will normally be ordered when:

1. it is specifically required by QR&O, DAOD, CFAO or other orders;
2. the incident or situation is minor and of a straightforward and uncomplicated nature; or
3. any authorized authority believes it is appropriate.

25. The authority who orders a summary investigation also appoints the investigating officer. The investigating officer can be an officer or, if no suitable officer is available, a warrant officer. The investigating officer will conduct the summary investigation and prepare a report in accordance with the specific terms of reference provided by the authority ordering the investigation. The specific procedures to be followed in conducting the investigation are provided in orders.

26. Informal Investigations. As the name implies, informal investigations are less formal than summary investigations or boards of inquiry and are conducted at the unit level. For example, informal investigations are specifically provided for in CFAO 19-39 as a method of investigation available to a CO with respect to a complaint of harassment.²¹

27. The purpose of administrative investigations. A list of the occurrences for which a summary investigation or board of inquiry is usually conducted is attached as Annex D. The purpose of an administrative investigation is to obtain evidence relevant to the terms of reference, not for a disciplinary purpose or to assign criminal responsibility; in such cases a disciplinary investigation must be conducted in accordance with QR&O Chapter 106 (Investigation of Service Offences).²²

28. It is inevitable that during the course of some administrative investigations, evidence or information will be received alleging that a service offence has been committed. In such cases, and in order to protect the rights of any accused or potential accused, the investigation must be halted and the matter referred to the unit legal advisor. Based on the circumstances the legal advisor may refer the matter to the NIS, the military police or back to the unit for a disciplinary investigation or for disciplinary proceedings.

29. When considering the use that might be made of information gathered during the course of an administration investigation, advice from the unit legal advisor should be sought. For example, during a summary investigation into a complaint of harassment, the investigating officer receives information from the complainant or witnesses that a sexual assault may also have occurred, the investigator must halt the investigation and refer the matter to the unit legal advisor. This would include providing the legal advisor with any statements, notes, or preliminary reports relevant to the suspected service offence. Based on the information received, the legal advisor would normally advise the unit to refer the issue to the NIS or military police to conduct a disciplinary investigation from which charges may be laid.

30. The unit legal advisor will also advise the unit on how to handle the administrative investigation in light of any disciplinary investigation in progress or to be commenced. For example, based on the circumstances, it may be appropriate to terminate the administrative investigation altogether; to delay the investigation until all disciplinary proceedings are completed or a decision is made by the appropriate authority not to proceed with charges; or to redraft the terms of reference for the investigation in light of the disciplinary issues. If, on rare occasions, it is reasonably believed that failure to complete the investigation in a timely manner could have serious safety or security implications, the unit legal advisor may advise that it is appropriate to proceed with the administrative investigation and obtain statements from a potential accused.

31. Neither the minutes of a board of inquiry nor the report from a summary investigation can be admitted as evidence at a court martial or summary trial. However, the transcript of a statement made by a person at a board of inquiry or summary investigation can be used as evidence against that person in relation to a charge involving perjury, giving false or contradictory evidence or making a false or contradictory statement.²³

32. If there is any questions about whether information relating to a service offence has arisen during an administrative investigation, or how best to proceed, the unit legal advisor should be contacted as soon as possible.

Civil Investigations

33. In circumstances where certain offences will be investigated by either the civilian or military police a decision will be made on whether proceedings will be pursued in the military or the civilian justice system. The circumstances of the incident, the interests of military discipline, and whether the military or the civilian agencies have better resources to accomplish the task will dictate whether proceedings will be instituted in the military justice system, the civilian justice system or not at all. For example, while the CF has the authority to investigate and prosecute cases of spousal assault, these cases are usually dealt with in the civilian system so that the abused spouse is able to utilize the victim assistance and social services available through the civilian justice system. In cases of doubt regarding the appropriate jurisdiction, the unit legal advisor should be consulted. As a matter of policy, all alcohol influenced driving offences involving DND vehicles occurring in Canada will be processed in civilian court.²⁴

SECTION 2 - SEARCH AND SEIZURE

34. A search is an examination of a person or property, including a person's house or other buildings, premises, or vehicle, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offence.²⁵

35. The object of conducting a search is to obtain admissible evidence which could be used in any service tribunal, including a court martial, or a civilian criminal proceeding.²⁶ Everyone, including persons subject to the Code of Service Discipline, has the right to be secure against unreasonable search and seizure.²⁷ In order to be a reasonable search under s. 8 of the Charter, the search must be authorized by law, the law itself must be reasonable, and the search must be carried out in a reasonable manner.²⁸ The advice of the unit legal advisor should be sought when considering any proposal to conduct a search with or without a warrant.²⁹

Searches Requiring a Warrant

36. The QR&O require that any member who conducts an investigation that involves a search consider whether a search warrant is necessary prior to conducting that search.³⁰ This is a threshold question that must be answered before a search is to be conducted. Where a search warrant is required to conduct a search in Canada, the investigators will normally seek the search warrant from a civilian judicial authority under the Criminal Code, by way of an application before a justice.³¹ If an investigator contemplates seeking a search warrant from a CO under the Code of Service Discipline for a search in Canada, the unit legal advisor should be consulted beforehand. Military search warrants would most often be used outside Canada while deployed at sea or on operations.

37. A CO may issue a search warrant if satisfied by information on oath that there is in any quarters, locker, storage space or personal or movable property:³²

1. anything on or in respect of which any offence against the NDA has been or is believed on reasonable grounds to have been committed;
2. anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against the NDA; or
3. anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant.³³

38. QR&O outlines the authority of a search warrant to search specified premises or objects. These include:

1. quarters under the control of the CF or DND and occupied for residential purposes by any person subject to the Code of Service Discipline either alone or with that person's dependants, as well as any locker or storage space located in those quarters and exclusively used by that person or those dependants for personal purposes; and
2. the personal or movable property of any person subject to the Code of Service Discipline located in, on or about any defence establishment, work for defence or material.³⁴

There are two exceptions: search incidental to arrest or a search conducted with the consent of the individual.

39. The search warrant authorizes any member named in the warrant and assisted by any other members or peace officers as are necessary, to search the specified place or property for the items sought, including:

1. anything on, or in, which any offence has been, or is believed on reasonable grounds to have been, committed;
2. anything that there are reasonable grounds to believe will afford evidence relating to the commission of an offence; and
3. anything that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence against the person.

Any items that have been seized should be brought before the issuing CO as soon as practical.³⁵

40. A search warrant will be in writing and should be in Form A.³⁶ When directed to a member to execute, a copy of the form and a completed sample form are attached in Annex E. When directed to a civilian peace officer, a search warrant should be in Form B³⁷, a copy of which is attached in Annex F.

41. Before a CO may issue a search warrant, the Information to Obtain a Search Warrant³⁸ must be received. A copy of the form for the Information and a completed sample form are attached as Annex G. The Information received by the CO must contain a sworn or affirmed written statement by an informant that satisfies the CO that reasonable grounds exist for believing that the items sought are linked to:

1. the location to be searched; and
2. the offence for which a search warrant can be issued, specified on the search warrant (see paragraph 38 above).³⁹

Every CO authorized to receive information for the purpose of issuing a search warrant has the authority to administer the oath or affirmation to the informant.⁴⁰

42. The CO must carefully consider the grounds contained in the Information. The CO must determine whether they are sufficient in light of the significant curtailment of the subject member's privacy and Charter rights. In making the determination about whether sufficient reasonable grounds exist to issue the search warrant, the CO should consider the following five questions:

1. What are the grounds for saying that the offence has been committed?
2. What are the grounds for believing that the things to be searched for exist?
3. How will the things to be searched for afford evidence of the commission of the offence alleged? (Or what are the grounds for belief to link the items sought to the particular offence.)
4. What are the grounds of belief to link the items sought or searched to the place to be searched? (See Question c.)
5. What are the grounds for saying that the place to be searched is at the location identified?⁴¹

43. A CO who carries out or directly supervises the investigation of a matter may issue a search warrant in relation to that investigation, but only if that CO believes on reasonable grounds that:

1. the conditions for the issuance of the warrant exist; and
2. no other CO is readily available to determine whether the warrant should be issued.⁴²

A CO of a military police unit may not issue a search warrant.⁴³

44. Where a member authorized to conduct a search is lawfully in any of the places listed in paragraph 34, the member may seize evidence of the commission of any offence.⁴⁴ Regulations authorize the lawful seizure of anything obtained by or used in the commission of an offence, unexpectedly found in the course of a search authorized by a warrant where that evidence does not relate to the offence or grounds stated in the warrant.⁴⁵ If a search warrant provides authority to search quarters for stolen property and during the course of the search a bag of marijuana is found in the drawer of a table in the living room, the marijuana may be seized as evidence for a new offence of possession of narcotics.

45. When the search warrant is being executed, every person authorized to execute the search warrant may use such force, and obtain such assistance, as the person considers reasonably necessary to gain entry to the premises specified.⁴⁶

Search Incidental to Lawful Arrest

46. Military police and other members have the right to search the person being lawfully arrested and the immediate area surrounding the person.⁴⁷ The right to search arises from the fact of the arrest and the enforcement requirements of safety and preservation of evidence. It is justifiable because the arrest itself requires reasonable and probable grounds (QR&O 105.01) or an arrest warrant (QR&O 105.05). However, as the legality of the search is derived from the legality of the arrest, if the arrest is later found to be invalid, the search will be also.⁴⁸

47. The search must be conducted in a manner reasonable in the circumstances and not in an abusive fashion.⁴⁹ It must be conducted for a reason related to the arrest.⁵⁰ The member may seize anything in the arrested person's possession and immediate surroundings in order to guarantee the safety of the members and the arrested person, to prevent the escape of the arrested person, or to provide evidence against the arrested person. For example, if a soldier is arrested at the Mess for drunken behaviour in the parking lot, neither the circumstances nor the offence would justify the search of the arrested member's vehicle or quarters, but a search of the soldier would be justified.

Consent Searches

48. A consent search is a search for admissible evidence, otherwise impermissible or subject to procedural and Charter requirements such as a warrant to search, where the person subject to the search has waived those protections. The onus to establish that the consent was both voluntary and informed rests upon the prosecution.

49. For the waiver to be considered consensual the subject person's consent must be voluntary. The onus is on the prosecution to establish that the person had full knowledge of the right to be secure against an unreasonable search and that the person had full knowledge of the effect the waiver would have on that right.⁵¹ In summary, for any consent search to be lawful, the subject person must provide informed consent; that is, the subject person must be aware of the true purpose of the investigation and the legal protections that are being waived.⁵²

Detention, Restoration and Disposal of Items Seized

50. Where items are seized during the execution of a search warrant and brought before the issuing CO, the CO shall:

1. direct that the items be detained if the CO considers that they are required as evidence for any investigation or for production as evidence before a service tribunal;
2. direct that the items be transferred to civil authorities for use as evidence before a civil court; or
3. direct that the items be restored or arrange for them to be disposed of in the manner described in QR&O.⁵³

51. Any direction to detain, transfer, restore, or dispose of items seized ceases to apply if the item's restitution is ordered by a service tribunal or it becomes an exhibit submitted to a service tribunal.⁵⁴ Alternatively, a CO who is satisfied that any item detained pursuant to subparagraph (3)(a) of QR&O 106.09 is no longer required for an investigation, service tribunal or civil trial, may direct that it be restored or arrange for it to be disposed of.⁵⁵

52. Any person entitled to the lawful possession of any item detained pursuant to subparagraph (3)(a) of QR&O 106.09 may apply to that CO for a restoration or disposal order.⁵⁶

53. To restore an item seized by the execution of a search warrant means to return the item to:

1. the person from whom it was seized, if possession of it by that person would be lawful; or
2. the person apparently entitled to it, if possession of it by the person from whom it was seized would be unlawful but, possession by the other person apparently entitled to it would be lawful.⁵⁷

In the circumstances where lawful title to possess an item seized is unclear, the advice of the unit legal advisor should be sought.

54. The CO shall, 90 days after the seizure of the items, direct that any item detained pursuant to the initial order, be restored or arrange for its disposal.⁵⁸

55. An officer commanding a command may, upon a CO's application prior to the expiration of the 90-day period, direct the continued detention of the items for any additional period of time that the officer commanding a command considers necessary in the circumstances.⁵⁹ The officer commanding the command may review and vary that order at any time.⁶⁰

56. In the circumstances where a person is convicted of an offence under the Code of Service Discipline, the service tribunal, including the presiding officer at a summary trial, shall order that any property obtained by the commission of the offence be restored to the person so entitled if at the time of the trial the property is before the service tribunal or has been detained and can be immediately restored.⁶¹ Property obtained in the commission of the offence includes property seized by the execution of a search warrant or any other property that is before the tribunal or has been detained for purposes of the trial and can be immediately restored to the person so entitled.

57. Similarly, where a member has been tried but not convicted at a summary trial and it appears to the presiding officer that an offence has been committed, the presiding officer may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to the items.⁶²

58. A restoration order shall not be made in respect of:

1. property to which an innocent purchaser for value has acquired lawful title;
2. a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or
3. a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed.⁶³

In circumstances where the ownership of the items is unclear, the advice of the unit legal advisor should be sought.

59. Any item that has been submitted at a summary trial and has not been ordered restored to the person apparently entitled to it may be returned to that person with the approval of the CO of the unit, base or element where the item has been retained or otherwise in accordance with directions issued by the Minister.⁶⁴

60. Any order by the service tribunal to restore the items shall be carried out by the appropriate service authorities whom the service tribunal normally orders to execute their process.⁶⁵ For courts martial this would mean the peace officers, military police, officers or NCMs who normally serve summons to witnesses. For summary trial courts this would normally mean the officers or NCMs who served documents like the RDP upon the accused.

SECTION 3 - INSPECTIONS

61. The maintenance of military efficiency and discipline is enhanced by the use of inspections of members, military equipment and places. The purpose of an inspection distinguishes it from a search. The Inspection and Search Defence Regulations⁶⁶ have been enacted pursuant to the NDA s.273.1. These regulations authorize inspections in accordance with the custom or practice of the service to maintain military standards of health, hygiene, safety, security, efficiency, dress and kit, of any other officer or non-commissioned member or anything in, on or about

1. any controlled area, or
2. any quarters under the control of the Canadian Forces or the Department, in accordance with the custom or practice of the service.⁶⁷

62. The words in, on or about any controlled area, for the purposes of the above section, includes all defence establishments and materiel, whether static or mobile, wherever located, and their immediate vicinity.⁶⁸ For example, this will include inspections of:

1. married or single quarters for cleanliness and good order;
2. personnel for dress and deportment;
3. kit for proper maintenance and completeness;
4. buildings for physical security and fire safety; and
5. personnel to ensure that ammunition is not removed without authority from the firing range.⁶⁹

63. Inspections shall not be conducted with the intent of seeking incriminating evidence in a place that would otherwise require a search warrant in order to be entered.⁷⁰ For example, a locker inspection must not be conducted because of a belief that drugs may be found, seized and used as evidence in a disciplinary proceeding. Searches authorized by the Defence Controlled Access Area Regulations⁷¹, searches conducted as a condition of access to a controlled area⁷², and searches conducted for the purpose of obtaining evidence of the commission of an offence and authorized pursuant to QR&O 106.04 are not inspections.⁷³

64. However, if a lawful inspection reveals in plain view evidence of the commission of any offence, that evidence may be properly seized by the member conducting the inspection and used as evidence in any criminal or disciplinary proceedings.⁷⁴

Footnotes

¹ QR&O 106.02 Note B.

² A complaint is a verbal or written report made by any person, military or civilian, alleging that a service offence has been committed. Complaints may be made through the chain of command, to the military police, or to the NIS (QR&O 107.01 Note A). See also Chapter 8, Laying of Charges.

³ QR&O 106.02(1). A charge is a formal accusation that a person subject to the Code of Service Discipline has committed a service offence (QR&O 107.015(1)). A charge is laid when it is reduced to writing in Part 1 of the RDP and signed by a person authorized to lay charges (QR&O 107.01). See also Chapter 8, Laying of Charges.

⁴ QR&O 106.03.

⁵ Military Police Policies and Technical Procedures, (A-SJ-100-004/AG-000), Chapter 6, Annex A, para. 11. A copy of this document is attached at Annex C.

⁶ Id. at para 11.

⁷ Id. at para 12.

⁸ See also Chapter 8, Laying of Charges.

⁹ QR&O 101.12(3).

¹⁰ QR&O 101.12(2).

¹¹ QR&O 101.12(4)

¹² This can be done by placing the evidence in a secure place to which only one member has access and has overall responsibility for safekeeping the evidence.

¹³ QR&O 21.01.

¹⁴ QR&O 21.07.

¹⁵ For example, a summary investigation or board of inquiry must be commenced in certain circumstances where a member suffers injuries or dies (QR&O 21.46) and when there has been an aircraft accident (QR&O 21.56).

¹⁶ For example, a summary investigation or board of inquiry may be commenced when a member is missing (QR&O 21.41), when there is a fire or explosion that destroys public or non-public property (QR&O 21.61), or when public or non-public property has been lost (QR&O 21.71).

¹⁷ QR&O 21.06(2).

¹⁸ QR&O 21.06(1).

¹⁹ QR&O 21.08.

²⁰ QR&O 21.01.

²¹ CFAO 19-39, para. 45 and Annex B.

²² NDA s. 45.

²³ QR&O 21.16(1) & (2).

²⁴ Military Police Policies and Technical Procedures, A-SJ-100-004/AG-000, Chapter 5, at para. 44(a).

²⁵ Black's Law Dictionary, 5^th ed. (St. Paul, Minnesota: West Publishing Company, 1979) at 1211.

²⁶ QR&O 106.04 Note B.

²⁷ Charter, s. 8.

²⁸ R. v. Collins, [1987] 1 S.C.R. 265, 33 C.C.C. (3d) 1; R. v. Caslake, (1998), 121 C.C.C. (3d) 97.

²⁹ QR&O 106.04 Note B.

³⁰ QR&O 106.04.

³¹ Criminal Code of Canada, R.S.C. 1985, c. C-46, s.487. Also, a justice means a justice of the peace or a provincial court judge, Criminal Code, s.2.

³² Quarters, locker, storage space or personal property referred to in NDA 273.2 and QR&O 106.04(2).

³³ NDA 273.3 and QR&O 106.05(1)(c).

³⁴ NDA s. 273.2 and QR&O 106.04(2).

³⁵ QR&O 106.05(1) and QR&O 106.08(1).

³⁶ QR&O 106.07.

³⁷ QR&O 106.07(1).

³⁸ QR&O 106.06(2).

³⁹ QR&O 106.06 Note B and 106.07 Note B.

⁴⁰ QR&O 106.06.

⁴¹ Search Warrants: Sufficiency of the Grounds of Belief, S/Sgt R.F. Purcell, Criminal Operations Branch, 18 February, 1997, at 47.

⁴² QR&O 106.05(2).

⁴³ QR&O 106.05(3).

⁴⁴ QR&O 106.04 Note D; QR&O 106.08(2).

⁴⁵ QR&O 106.08(1).

⁴⁶ QR&O 107.10(2).

⁴⁷ QR&O 106.04 Note A; R. v. Golub (1997), 117 C.C.C. (3d) 193; R. .v. Bedard (1998), 125 C.C.C. (3d) 348. See also Chapter 6, Arrest.

⁴⁸ Hunter v. Southam Inc. (1984), 14 C.C.C. (3d) 97, [1984] 2 S.C.R. 145; R. v. Caslake, (1998), 121 C.C.C. (3d) 97.

⁴⁹ Cloutier v. Langlois, [1990] 1 S.C.R. 158, 53 C.C.C. (3d) 257, 74 C.R. (3d) 316.

⁵⁰ R. v. Belnavis (1996), 107 C.C.C. (3d) 195. Where an accused arrested on basis of warrant for unpaid fines, a search of the vehicle was not considered to be referable to the arrest.

⁵¹ R. v. Nielsen (1988), 43 C.C.C. (3d) 548 and R. v. Borden, [1994] 3 S.C.R. 145.

⁵² The Ontario Court of Appeal established six criteria for the informed consent of a waiver of Charter rights in R. v. Wills (1990), 70 C.C.C.(3d) 529. These are: 1- There was consent, express or implied; 2- The giver of the consent had authority to give the consent in question; 3- The consent was voluntary in the sense that the word is used in R. v. Goldman (1980), 51 C.C.C.(2d) 1 and was not the product of police oppression, coercion or other external conduct which negated the freedom to choose or not allow the police to pursue the course of conduct requested; 4- The giver of the consent was aware of the nature of the police conduct to which he or she was being asked to consent; 5- The giver of the consent was aware of his or her right to refuse to permit the police to engage in the conduct requested; and 6- The giver of the consent was aware of the potential consequences of giving the consent.

⁵³ QR&O 106.09(3).

⁵⁴ QR&O 106.09(2).

⁵⁵ QR&O 106.09(4).

⁵⁶ QR&O 106.09(5).

⁵⁷ QR&O 106.09(1).

⁵⁸ QR&O 106.09(6).

⁵⁹ QR&O 106.09(7).

⁶⁰ QR&O 106.09(8).

⁶¹ QR&O 101.055(1).

⁶² QR&O 101.055(1).

⁶³ QR&O 101.055(1) (3).

⁶⁴ QR&O 101.055(2), 101.055(3) and 106.09(9).

⁶⁵ QR&O 101.055(1) (4).

⁶⁶ Inspection and Search Defence Regulations, SOR/86-958, QR&O Vol IV, Appendix 3.3.

⁶⁷ QR&O Vol IV, Appendix 3.3, s.3.

⁶⁸ QR&O Vol IV, Appendix 3.3, s.2; QR&O 19.76 Note B.

⁶⁹ QR&O 19.76 Note A.

⁷⁰ QR&O 19.76 Note D and 106.04 Note C.

⁷¹ QR&O Vol IV, Appendix 3.2.

⁷² QR&O 19.77.

⁷³ QR&O 19.76 Note C.

⁷⁴ QR&O 19.76 Note D.