Telewarrants are applications for search warrants made by telephone or other electronic means. Section 487.1 of the Criminal Code sets out the requirements that must be met when a peace officer wishes to obtain a telewarrant. Section 22 is the equivalent section of the British Columbia Offence Act. The legislation provides a process to obtain a search warrant where circumstances make it impracticable to appear personally before a justice to make an application.
The meaning of impracticable has been discussed in a number of cases, among them:
R v Daniels, 2015 ONSC 283
The jurisprudence on the meaning of the term “impracticable” in this legislative context suggests the creation of a relatively low threshold standard, which imports a large measure of practicality and common sense. According to the authorities, the term “impracticable” requires that the personal attendance before a justice be more than merely inconvenient for the affiant, but it need not be impossible for the affiant. The term “impracticable” requires, in short, that personal attendance before a justice be very difficult or not practical for the affiant in the circumstances.
R v Erickson, 2003 BCCA 693
“Impracticable” is not a word commonly used as a legal standard. More common words include reasonable, urgent, emergent, exigent, necessary, and reasonably necessary. Parliament has chosen to use the word "impracticable", and clothed the process with extra protection for an accused through the requirement to file a transcription of the conversation. It is reasonable to conclude that "impracticable" means something less than impossible and imports a large measure of practicality, what may be termed common sense.
Where the justice is satisfied that the criteria for a telewarrant are met, the justice may issue the warrant and if required, the time period under which the warrant can be executed.
Pursuant to section 11of the Provincial Court Act, the Chief Judge has assigned responsibility for all search warrants to judicial justices. With respect to telewarrants, this assignment constitutes a designation pursuant to section 487.1 of the Criminal Code and s. 22 of the Offence Act.
Content reviewed September 10, 2025
- Criminal Code, RSC 1985, c. C-46 – Justice Laws
- Offence Act, RSBC 1996, c. 338 – BC Laws
- Provincial Court Act, R.S.B.C. 1996, c. 379
- R v Daniels, 2015 ONSC 283
- R v Erickson, 2003 BCCA 693
- The Law of Search and Seizure in Canada, 11th edition – Available on-site at Courthouse Libraries
- Search and Seizure , Hunt & Diab– Available on-site at Courthouse Libraries
- Search and Seizure, Hasan, Lai & Schermbrucker – Available on-site at Courthouse Libraries
- Martin’s Annual Criminal Code– Available on-site at Courthouse Libraries