Amplification Evidence in Search Warrant Challenges: What Defence Clients Should Know

When police obtain a search warrant, they must justify the search before it takes place. Courts generally do not allow investigators to repair major defects in a warrant application after the fact.

However, Canadian courts recognize a limited concept known as amplification evidence. This allows minor, technical errors made in good faith to be corrected during a Garofoli hearing.

Amplification cannot be used to add new grounds for a search warrant or retroactively justify a search that lacked reasonable and probable grounds from the outset.

Courts have allowed amplification to correct typographical errors, mistaken dates, and similar technical mistakes. They have refused to allow amplification where police omitted significant information or attempted to strengthen a weak warrant after the search occurred.

For defence lawyers, challenging the scope of amplification can be a critical part of protecting Charter rights and challenging improperly authorized searches.