What safeguards currently exist to protect against police abuse of lawful access powers?
The primary safeguard against abuse of lawful access powers is the requirement for prior judicial authorization before a search or other surveillance activity takes place. Neutral, independent judges must determine that the search or surveillance is justified, under a test such as “reasonable grounds to believe that an offence has been or will be committed”. There are, however, exceptions to the normal requirement for judicial authorization in emergency cases. The test for judicial authorization varies according to the type of offence or search, as well as the circumstances (see above, under “What Lawful Access powers do LEAs currently have in Canada?”). When police seize things under a warrant or otherwise in the course of their duties, they must get permission from a justice (“justice of the peace” or provincial court judge) to detain the things. The Criminal Code sets out time limits for the detention of things seized (initially 30 days, extendable to one year), but these limits can
