A telewarrant is a process by which the police can use a phone (or fax machine) to get a warrant by a judge.
It can be a search warrant, like in this case.
In practical terms, it means that the police that wants to get into your house, for example, who doesn't have your consent to enter, could get on the phone with the judge, give the evidence that they feel supports their application for the warrant, and if they have sufficient evidence, the judge could authorize that warrant. Then, they'd be able to get into your house without your permission or consent.
Telewarrants, themselves, are not new. They've been in the Criminal Code for quite a while.
They are relatively new to the Quebec Code of Criminal Procedure. There are also new provisions in that code to general warrants... these came into force in June.
What do police officers need to get the warrant?
All kinds of evidence can form part of an application for a search warrant, including photos. In these cases, we're looking at the sworn statement of the police officer.
Officers do need to show reasonable and probable grounds to believe that an offence is being committed before they should apply for the search warrant.
They also need to show that gaining access to your residence would give more evidence.
It's more than a suspicion or a hunch — there actually has to be fairly solid evidence that an offence is being committed.
What are your rights when it comes to a search warrant?
You do have a right to see the warrant. Although, exactly how that will play out in this context, we're not entirely sure because, obviously, they're not going to have the same piece of paper that they would have if the judge had issued it in court.
If a police officer comes to your door and says they have a warrant, you should ask to see whatever confirmation they have and read whatever they give you. It may set out limits in terms of where they can go and what they can search.
You are also under no obligation to enable any further search. They may be able to go in and search, but that doesn't mean that you have to go in and help them.
The best way to assert your rights is to ask for the information, state your position clearly, ask to speak to a lawyer and make sure you take note of what happens, which includes recording any interaction with an officer — it is within your constitutional rights to do so.
If a situation were to occur where an officer does not comply with the law and your rights, you can complain to independent oversight bodies, you can access legal assistance or you can get in contact with one of many organizations across Quebec that are providing assistance to people, particularly in regards to policing and COVID-19.
The Sûreté du Québec (SQ) has released new updates on its search for Jake Côté, the subject of a recent amber alert issued in Quebec and New Brunswick. The child's father, David Côté, 36, is suspected of abducting the 3-year-old boy.
"The discovery of the ATV used by David Côté and the ongoing investigation lead us to believe that the suspect could be looking for equipment to ensure his survival and facilitate his travels," the SQ said in a statement sent to MTL Blog on Thursday evening.
"The investigation shows that the individual has a thorough knowledge of the forest environment, that he has the ability to quickly organize himself for survival in the forest."
#AMBERAlert | We ask the population of the area to immediately notify the SQ by calling 911 if they notice any sign… https://t.co/8dnFCReH96
It's possible the suspect moved on foot to chalets or outbuildings, like garages, sheds or barns, "in order to ensure his survival and that of his child," said the SQ's statement.
The SQ asks the public to notify them by calling 911 if they see any traces of breaks and enters or signs of missing or "displaced objects," such as tools or food, that Côté could be using to stay alive.
They also ask the public to contact them if they see anyone matching the physical description of David or Jake Côté or their clothing.
Since the SQ believes the suspect could be armed and that he could "act impulsively," it does not want the public's help searching and asks people not to venture into an area where they may be at risk.
The SQ plans to continue its ground and air search for the child and his father overnight.
While there's a myriad of possible reasons as to why Trudeau is ahead in the province, his handling of the pandemic could be the biggest. Among the Quebecers polled, 46% believed that health care is the most pressing issue in the upcoming election and 53% said the current prime minister "has performed well on pandemic management."
Politics and the Fourth Wave: As concern over COVID rises, are the Liberals poised to benefit?… https://t.co/znhujEMXZU
"We, the undersigned, demand that the Government of Quebec publicly reject, as of now, the idea of a mandatory vaccination passport and that it commit itself to do like the Governor of Florida, Ron DeSantis, has done, that is to say, prohibit the obligation to present a vaccination passport in order to attend certain events and practice certain activities," the petition states.
Samson, a former Coalition Avenir Québec member who switched sides in June, held a press conference about the petition alongside Conservative Party of Quebec leader Eric Duhaime on August 12. They explained that the party had already collected 133,000 signatures on a previous petition that did not meet the criteria of the National Assembly.
"We reviewed the wording [...] So we're going to ask these hundreds of thousands of people to re-sign their petition on the National Assembly website, and we're going to invite Quebecers who don't agree with the vaccine passport to come forward as well," Samson said.
The petition, which was posted to the National Assembly website on August 12, had garnered more than 75,000 signatures at the time this article was published.