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This enactment affects Part III of the Criminal Code as enacted by
section 139 of the Firearms Act. The purpose is to remove the power in
subsection 117.04(2) to enter to search and seize without a warrant in
cases where no offence has been committed or is suspected to have been
committed.
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Provision is made for restitution for loss or damage resulting from
the entry and search taking into account whether the loss or damage was
reasonably necessary in light of the evidence collected and in light of
the behaviour of the persons on the premises at the time.
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In addition, several amendments are made consequential to the
repeal of subsection 117.04(2) to remove references to it.
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