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> | ||
R v Hass, [http://canlii.ca/t/1l84h 2005 CanLII 26440] (ON CA) at para 37 | R v Hass, [http://canlii.ca/t/1l84h 2005 CanLII 26440] (ON CA){{perONCA|Goudge JA}} at para 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".<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".<ref> | ||
R v Pham, [http://canlii.ca/t/52mw 1999 BCCA 571] (CanLII)<br> | R v Pham, [http://canlii.ca/t/52mw 1999 BCCA 571] (CanLII){{perBCCA|Braidwood JA}}<br> | ||
</ref> | </ref> | ||
Revision as of 00:14, 29 November 2018
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), per Goudge JA at para 37
- ↑
R v Pham, 1999 BCCA 571 (CanLII), 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