Seizure of Property: Difference between revisions

Revision as of 13:35, 29 February 2024

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
- Forfeiture of Things Detained Under Section 490
- Return of Things Seized to Lawful Owners

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-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>
 {{CanLIIRP|Pham|52mw|1999 BCCA 571 (CanLII)|139 CCC (3d) 539}}{{perBCCA|Braidwood JA}}<br>
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