In your brief you actually gave examples, which I thought were great, of where there has been “misinformation”, to be polite, in search warrants and other things. You gave an example from Justice McEwan in Kenyon v. British Columbia, where he says, “The fact is, however, that if you create a document-only regime with no opportunity to cross examine, you create a regime where [tailoring a story] may be possible.” He goes on to say that the limitation makes it “impossible, on a principled basis, to determine...what happened. Whatever the presumed efficiency of this form of hearing is, its drawbacks are intrinsic as well.”
I assume that what you're saying is that this very analysis would apply to the routine police evidence provision.