Friday, October 14, 2011
Posted by D. Daniel Sokol
Joshua A. Krane (Blakes) has written on "SIR"CHES AND SEIZURES: ARE SUPPLEMENTARY INFORMATION REQUESTS UNCONSTITUTIONAL?
ABSTRACT: This paper addresses a simple question: Is merger review by the Commissioner of Competition and the Competition Bureau so pressing and important that it justifies warrantless searches? In particular, the paper examines whether the legislation providing for the issuance by the Commissioner of supplemental information requests (SIRs) under s. 114(2) of the Competition Act (the “Act”)
meets the standards for a constitutional search and seizure under s. 8 of the Canadian Charter of Rights and Freedoms. For a warrantless search to be constitutionally valid, it must be authorized by law and be reasonable. Based on a review of the
constitutional law on unreasonable searches and seizures under s. 8 there are serious questions about whether the SIR process does, indeed, rise to those standards.