Seizure of Property
Property can be seized and then detain by police under the Code in several ways.
Detention can occur as:
- Proceeds of Crime (462.33)
- Restraint of Offence-related Property (490.8)
- Subject of Search Warrant or Evidence of a Crime (490)
- Firearms (117.02, 117.03, 117.04, 117.05)
For any warrantless seizure of property, the burden is upon the Crown to prove that it did not violate s. 8 of the Charter. To put the burden on the accused "ignores the reality that the Crown is in the best position to know how and why the seizure took place"
Where the police do not seize property and merely make observations, they may still give evidence regarding the items and are not violating the "best evidence rule".
General Seizure Powers
Detention, Access, Return of Things Seized Under 490
- Detention of Things Seized Under Section 490
- Access to Exhibits and Seized Property
- Return of Things Seized
Other Seizure and Detention Powers
- Restraint of Offence-related Property
- Seizure of Firearms
- Seizure of Proceeds of Crime
- Seizure of Photographs and Fingerprints
- Seizure and Forfeiture of Obscene or Child Pornographic Materials