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  • The Tax Man Cometh... To Search

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    Home, is searched they should claim your solicitor-client privilege and follow the procedures set forth by their provincial Law Society. Because you are not the lawyer's only client the lawyer should ask to have their Law Society send a representative out to attend at the search site and ensure that your lawyer's other client's rights and privileges are not violated.

    - to your accountant

    - other individuals named in the warrant whose offices or Homes are to be searched. They should be told not to remove any books or records before the SW is executed on their premises.

    6. If told that you must sit down and not use the phone, ask: "Am I under arrest?" If the answer is "No" or "Not yet" then no one has any right to touch you, or to hinder your use of the telephone.

    If an officer does touch you, then ask again: "Am I under arrest?" If the answer is no, then say: "In that case, please take your hand off me." If this happens call your lawyer immediately, and seek their advice.

    Be polite and if you make an objection make it calmly and ensure that you record all of the details carefully.

    It is possible that you may be subjected to "administrative detention," which is practically like being arrested, but it will stop when the search is over.

    7. Do not "agree" that the search can be expanded beyond the limits described in the warrant. If you are asked to "agree" say very clearly that you don't agree and ask the officer in charge to witness your refusal.

    This may be important if the officers make over-seizures; that is, take things not authorized by the warrant (and chances are that they will). Some such extra seizures may be authorized by law, but keep detailed notes and discuss this with your lawyer.

    8. Do not answer any substantive questions; that is, don't make any statements or allow yourself to be questioned without your lawyer being present - use common sense here.

    If you insist on ignoring your right to remain silent, then when you do say something be honest and tell the truth.

    9. The CRA will be accompanied by an RCMP officer, ask this officer for a Business card as well. This officer is present to keep the peace and not to search. If the RCMP does appear to be searching or making seizures then tell your lawyer.

    10. Keep track of the paperwork that is being seized; see that each item (as far as possible) is authorized for seizure by the search warrant and that the officers don't engage in over-seizures. If they do take things not authorized by the warrant, then record the particulars and tell your lawyer - do not argue with the officers.

    11. In the unlikely event that the searching officers damage your property then politely object to the officer in charge, giving any pertinent details and ask them to stop. Be sure to write down as much information as possible.

    12. DO NOT attempt to impede, physically, verbally or otherwise, any person from executing a search warrant. To do so may be an offence.

    If you believe that the warrant doesn't authorize a particular seizure, then ask the officers to wait while you call your lawyer. Have your lawyer discuss any technicalities with the CRA officers.

    13. If you have any documents over which solicitor-client privilege may exist, identify the documents and their location and indicate to the search officer that the documents are subject to solicitor-client privilege and that you require that the appropriate procedures be followed to protect the privilege.

    This includes sealing the documents into a separate box, listing the contents (in general terms) and having the box taken to the Sheriff. CRA will ask you to give them custody of these materials, but it is better to have them delivered to an independent third party.

    14. Keep an accurate log (or copy) of all documents seized and have the officer in charge confirm that your copy is accurate - do this before the officers leave the premises.

    If the officer(s) refuse then obtain from them a written undertaking tell you when you will get an inventory, and ask for both the paper and the electronic versions, to make reviewing the data easier on your lawyer.

    15. If CRA takes a copy of your computer hard drive(s), or takes copies of your computer disks, CDs or DVDs then request a copy of all of the seized originals before they leave the premises.

    If possible observe each disk being copied, and have the officer sign the copy, numbering each disk in the series (i.e., 1 of 5, etc.)

    16. The CRA officer in charge, or team leader, wil

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