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The taxpayer was charged with tax evasion under the Income Tax Act and the Excise Tax Act (for GST). The BC Provincial Court held, in the case of R. v McCartie et al that failure by a CRA officer to give the taxpayer a copy of a search warrant when she asked for it resulted in a breach of her rights under s. 8 of the Canadian Charter of Rights and Freedoms which states that “Everyone has the right to be secure against unreasonable search or seizure.”

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"This article provides information of a general nature only. It is only current at the posting date. It is not updated and it may no longer be current. It does not provide legal advice nor can it or should it be relied upon. All tax situations are specific to their facts and will differ from the situations in the articles. If you have specific legal questions you should consult a lawyer."

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