l have sworn a document called an 'Information to Obtain a Search Warrant' ("ITO") which was presented before a Justice who must be satisfied that the officer has reasonable and probable grounds that there has been an offence committed and that a search of the premises will disclosure evidence relating to the commission of that, or those, offence(s).

17. Once the search has been completed the officer in charge, or the searchers having, must file a "Report to a Justice" with the court, explaining what they did with the SW and listing what they took.

Examine the attached scheduled must list all that is seized, if you find any discrepancies between what is listed there and with what you recorded as seized tell your lawyer immediately.

18. Have your lawyer request the right to attend at the hearing before the Justice, when the Report to a Justice is presented.

19. Have your lawyer request a copy of the Witness List(s), for all of the officers who attended the search, as well as, a copy of their statements, any affidavits sworn in support of the Report to a Justice, and any Will Say Statements, as they become available.

If you are charged, your lawyer will be entitled to these documents, but do what you can to obtain copies as soon as possible, because any problems should be raised at the first possible opportunity by your lawyer.

20. Get your lawyer to obtain from CRA a copy of the ITO relating to the search warrant. They will also be available from the Court Office where it is a public document and can be obtained for the cost of photocopying - this ITO will prove to be valuable to your defence.

If you have not been charged with an offence under the Income Tax Act ("ITO") or Criminal Code ("CC") then CRA will require a Retention Order to keep your seized materials.

21. The Income Tax Act and Criminal Code each provide a code of rules which CRA officers must comply with in preparing ITO's and executing warrants. If they have failed to do so or otherwise fail to comply with the law, then your lawyer may be able to pursue remedies on your behalf.

Just like you, CRA officers, are required to follow the law.

The more accurate and complete your search notes are, the more assistance you will be to your lawyer in ensuring that all of your legal rights have been protected.

Staff Writer
For Tax Evasion Resources
http://www.taxevasionresources.com

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