Seizure of Property: Difference between revisions
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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"<ref> | 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"<ref> | ||
{{CanLIIRP|Hass|1l84h|2005 CanLII 26440 (ON CA)|200 CCC (3d) 81}}{{perONCA|Goudge JA}}{{atL|1l84h|37}} | |||
</ref> | </ref> | ||
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" | 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."<ref> | ||
{{CanLIIRP|Pham|52mw|1999 BCCA 571 (CanLII)|139 CCC (3d) 539}}{{perBCCA|Braidwood JA}}<br> | |||
</ref> | </ref> | ||
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==Topics== | ==Topics== | ||
===General Seizure Powers=== | ===General Seizure Powers=== | ||
* [[Warrantless Seizure Under Section 489]] | * [[Procedure on Seizure of Property]] | ||
** [[Warrantless Seizure Under Section 489]] | |||
* [[Ancillary Powers Doctrine]] | * [[Ancillary Powers Doctrine]] | ||
===Detention, Access, Disposal of Things Seized Under Section 489 or 487.11=== | ===Detention, Access, Disposal of Things Seized Under Section 489 or 487.11=== | ||
| Line 31: | Line 33: | ||
* [[Access to Things Detained Under Section 490]] | * [[Access to Things Detained Under Section 490]] | ||
* Disposal of Things Detained Under Section 490 | * Disposal of Things Detained Under Section 490 | ||
** [[Forfeiture of Things | ** [[Forfeiture of Things Detained Under Section 490]] | ||
** [[Return of Things Seized to Lawful Owners]] | ** [[Return of Things Seized to Lawful Owners]] | ||
===Other Seizure and Detention Powers=== | ===Other Seizure and Detention Powers=== | ||
* [[Seizure and Detention of Property under CDSA]] | |||
* [[Restraint of Terrorism-related Property]] | * [[Restraint of Terrorism-related Property]] | ||
* [[Restraint of Offence-related Property]] | * [[Restraint of Offence-related Property]] | ||
| Line 45: | Line 48: | ||
==See Also== | ==See Also== | ||
* [[Forfeiture Orders|Forfeiture]] | * [[Forfeiture Orders|Forfeiture]] | ||
* [[ | * [[Lost or Destroyed Evidence|Lost Evidence (Disclosure)]] | ||
Latest revision as of 14:41, 14 July 2024
| This page was last substantively updated or reviewed January 2020. (Rev. # 95577) |
Introduction
Property can be seized and then detain by police under the Code in several ways.
Detention can occur as:
- Restraint of Terrorism-related Property (83.08)
- 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]
- ↑ R v Hass, 2005 CanLII 26440 (ON CA), 200 CCC (3d) 81, per Goudge JA, at para 37
- ↑
R v Pham, 1999 BCCA 571 (CanLII), 139 CCC (3d) 539, per Braidwood JA
Topics
General Seizure Powers
Detention, Access, Disposal of Things Seized Under Section 489 or 487.11
- Detention Order for Things Seized Under Section 489 or 487.11
- Access to Things Detained Under Section 490
- Disposal of Things Detained Under Section 490
Other Seizure and Detention Powers
- Seizure and Detention of Property under CDSA
- Restraint of Terrorism-related Property
- 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
- Special Issues for Seizure of Property