Seizure of Property

From Criminal Law Notebook
Revision as of 19:05, 27 January 2021 by Admin (talk | contribs) (Text replacement - "\'\'R v ([a-zA-Z]+)\'\', \[http\:\/\/canlii\.ca\/t\/([a-zA-Z0-9_]+) ([1-2][0-9]{3} [BASMOQNP][CBKNCSL][A-Z]+ [0-9]+\] \(CanLII\))\{" to "{{CanLIIR|$1|$2|$3 (CanLII)}}{")

Introduction

Property can be seized and then detain by police under the Code in several ways.

Detention can occur as:

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]

  1. ↑ R v Hass, 2005 CanLII 26440 (ON CA), per Goudge JA, at para 37
  2. ↑ R v Pham, 1999 BCCA 571 (CanLII) (CanLII)], per Braidwood JA

Topics

General Seizure Powers

Detention, Access, Disposal of Things Seized Under Section 489 or 487.11

Other Seizure and Detention Powers

See Also

Retrieved from "https://criminalnotebook.ca/index.php?title=Seizure_of_Property&oldid=58439"