Special Issues for Seizure of Property

From Criminal Law Notebook
This page was last substantively updated or reviewed July 2021. (Rev. # 84807)

General Principles

Seizure of Perishable Property

Perishable things

490.01 Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing

(a) may return it to its lawful owner or the person who is lawfully entitled to possession of it; or
(b) where, on ex parte application to a justice, the justice so authorizes, may
(i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or
(ii) destroy it.

1997, c. 18, s. 51; 1999, c. 5, s. 17.


Note up: 490.01

Defined terms: "Her Majesty" (s. 35 IA) and "justice" (s. 2)

Appeals From Orders Under Section 490

See also: Forfeiture of Things Detained Under Section 490

[omitted (1), (2), (3), (3.1), (4), (5), (6), (7), (8), (9), (9.1), (10) and (11)]

Detention pending appeal, etc.

(12) Notwithstanding anything in this section, nothing shall be returned, forfeited or disposed of under this section pending any application made, or appeal taken, thereunder in respect of the thing or proceeding in which the right of seizure thereof is questioned or within thirty days after an order in respect of the thing is made under this section.
[omitted (13), (14), (15) and (16)]


(17) A person who feels aggrieved by an order made under subsection (8) [application to return property to owner before expiration], (9) [disposal of things seized], (9.1) [order continued detention – initial detention expired and proceedings not started] or (11) [order of return or order to forfeit seized property] may appeal from the order

(a) to the court of appeal as defined in section 673 [Pt. XXI — appeals — definitions] if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 [appeal of indictable offences] apply with any modifications that the circumstances require; or
(b) to the appeal court as defined in section 812 [definition of appeal court] in any other case, in which case sections 813 to 828 [summary trial appeal provisions] apply with any modifications that the circumstances require.

[omitted (18)]
R.S., 1985, c. C-46, s. 490; R.S., 1985, c. 27 (1st Supp.), s. 73; 1994, c. 44, s. 38; 1997, c. 18, s. 50; 2008, c. 18, s. 14.
[annotation(s) added]


Note up: 490(12) and (17)

Defined terms: "day" (s. 2) and "superior court of criminal jurisdiction" (s. 2)

Appeal to Court of Appeal

The right to appeal through the summary conviction appeal process granted under s. 490(17)(b) does not extend a right of appeal to the court of appeal.[1]

Computer Data

See also: Computer-related Search Issues