Seizure of Property

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Introduction

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"[1]

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".[2]

  1. R v Hass, 2005 CanLII 26440 (ON CA) at para 37
  2. R v Pham, 1999 BCCA 571 (CanLII)

Topics

General Seizure Powers

Detention, Access, Return of Things Seized Under 490

Other Seizure and Detention Powers

See Also