Seizure of Property

• < Procedure and Practice
• < Search and Seizure
• < Seizure of Property

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"

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".

Topics

General Seizure Powers

• Warrantless Seizure Under Section 489
• Ancillary Powers Doctrine
• Procedure on Seizure of Property

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
  • [[Forfeiture of Things Detained Under Section 490]
  • Return of Things Seized to Lawful Owners

Other Seizure and Detention Powers

• 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

See Also

• Forfeiture
• Lost Evidence (Disclosure)