| Notice
|
(6) Where an order has been filed in a court
under subsection (3) or (4), it shall not be
executed before notice in accordance with
subsection 462.41(2) is given to every person
who, in the opinion of the court, appears to
have a valid interest in the property.
|
|
| Application of
section 462.42
|
(7) Section 462.42 applies, with such modi
fications as the circumstances require, in
respect of a person who claims an interest in
property that is the subject of an order filed
under subsection (3) or (4).
|
|
| Application
under section
462.42 to be
made in one
province
|
(8) No person may make an application
under section 462.42 in relation to property
that is the subject of an order filed under
subsection (3) or (4) if that person has
previously made an application in respect of
the same property in another province.
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|
| Finding in one
court binding
|
(9) The finding by a court of a province in
relation to property that is the subject of an
order filed under subsection (3) or (4) as to
whether or not an applicant referred to in
subsection 462.42(4) is affected by the forfei
ture referred to in that subsection or declaring
the nature and extent of the interest of the
applicant under that subsection is binding on
the superior court of criminal jurisdiction of
the province where the order is entered as a
judgment.
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
35. (1) The portion of subsection
462.38(2) of the French version of the Act
before paragraph (a) is replaced by the
following:
|
|
| Ordonnance
de
confiscation
|
(2) Sous réserve des articles 462.39 à
462.41, le juge saisi de la demande est tenu de
rendre une ordonnance de confiscation au
profit de Sa Majesté de certains biens s'il est
convaincu que les conditions suivantes sont
réunies :
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
(2) Paragraphs 462.38(3)(b) and (c) of the
Act are replaced by the following:
|
|
|
|
(b) a warrant for the arrest of the person or
a summons in respect of a corporation has
been issued in relation to that information,
and
|
|
|
|
(c) reasonable attempts to arrest the person
pursuant to the warrant or to serve the
summons have been unsuccessful during
the period of six months commencing on
the day the warrant or summons was issued,
or, in the case of a person who is not or never
was in Canada, the person cannot be
brought within that period to the jurisdic
tion in which the warrant or summons was
issued,
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
36. The portion of section 462.4 of the
English version of the Act after paragraph
(b) is replaced by the following:
|
|
|
|
set aside any conveyance or transfer of the
property that occurred after the seizure of the
property or the service of the order under sec
tion 462.33, unless the conveyance or transfer
was for valuable consideration to a person act
ing in good faith.
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
37. Paragraph 462.41(3)(a) of the Act is
replaced by the following:
|
|
|
|
(a) a person who is charged with, or was
convicted of, an enterprise crime offence or a
designated drug offence, or
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
38. (1) Paragraph 462.42(1)(a) of the Act
is replaced by the following:
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|
|
|
(a) a person who is charged with, or was
convicted of, an enterprise crime offence or a
designated drug offence that was committed
in relation to the property forfeited, or
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
(2) Subsection 462.42(2) of the French
version of the Act is replaced by the
following:
|
|
| Date
d'audition
|
(2) Le juge saisi de la demande visée au
paragraphe (1) fixe la date d'audition; celle-ci
ne peut avoir lieu moins de trente jours après
le dépôt de la demande.
|
|
| R.S., c. 42
(4th Supp.), s.
2
|
39. Section 462.44 of the Act is replaced
by the following:
|
|
| Appeals from
certain orders
|
462.44 Any person who considers that they
are aggrieved by an order made under subsec
tion 462.38(2) or 462.41(3) or section 462.43
may appeal from the order as if the order were
an appeal against conviction or against a
judgment or verdict of acquittal, as the case
may be, under Part XXI, and that Part applies,
with such modifications as the circumstances
require, to such an appeal.
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|
|
|
40. Section 485 of the Act is amended by
adding the following after subsection (1):
|
|
| Where
accused not
present
|
(1.1) Jurisdiction over an accused is not lost
by reason of the failure of the accused to
appear personally, so long as paragraph
537(1)(j) or subsection 650(1.1) applies and
the accused is to appear by counsel.
|
|
|
|
41. Section 487 of the Act is amended by
adding the following after subsection (2):
|
|
| Operation of
computer
system and
copying
equipment
|
(2.1) A person authorized under this section
to search a computer system in a building or
place for data may
|
|
|
|
(a) use or cause to be used any computer
system at the building or place to search any
data contained in or available to the com
puter system;
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|
|
|
(b) reproduce or cause to be reproduced any
data in the form of a print-out or other
intelligible output;
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|
|
|
(c) seize the print-out or other output for
examination or copying; and
|
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|
|
(d) use or cause to be used any copying
equipment at the place to make copies of the
data.
|
|
| Duty of
person in
possession or
control
|
(2.2) Every person who is in possession or
control of any building or place in respect of
which a search is carried out under this section
shall, on presentation of the warrant, permit
the person carrying out the search
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|
|
|
(a) to use or cause to be used any computer
system at the building or place in order to
search any data contained in or available to
the computer system for data that the person
is authorized by this section to search for;
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|
|
(b) to obtain a hard copy of the data and to
seize it; and
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|
|
|
(c) to use or cause to be used any copying
equipment at the place to make copies of the
data.
|
|
| 1993, c. 40, s.
15
|
42. (1) Subsection 487.01(5) of the Act is
replaced by the following:
|
|
| Other
provisions to
apply
|
(5) The definition ``offence'' in section 183
and sections 183.1, 184.2, 184.3 and 185 to
188.2, subsection 189(5), and sections 190,
193 and 194 to 196 apply, with such modifica
tions as the circumstances require, to a
warrant referred to in subsection (4) as though
references in those provisions to interceptions
of private communications were read as
references to observations by peace officers
by means of television cameras or similar
electronic devices of activities in circum
stances in which persons had reasonable
expectations of privacy.
|
|
|
|
(2) Section 487.01 of the Act is amended
by adding the following after subsection (6):
|
|
| Telewarrant
provisions to
apply
|
(7) Where a peace officer believes that it
would be impracticable to appear personally
before a judge to make an application for a
warrant under this section, a warrant may be
issued under this section on an information
submitted by telephone or other means of
telecommunication and, for that purpose,
section 487.1 applies, with such modifications
as the circumstances require, to the warrant.
|
|
| 1993, c. 40, s.
15
|
43. Section 487.02 of the Act is replaced
by the following:
|
|
| Assistance
order
|
487.02 Where an authorization is given
under section 184.2, 184.3, 186 or 188, a
warrant is issued under this Act or an order is
made under subsection 492.2(2), the judge or
justice who gives the authorization, issues the
warrant or makes the order may order any
person to provide assistance, where the per
son's assistance may reasonably be consid
ered to be required to give effect to the
authorization, warrant or order.
|
|
|
|
44. Section 487.05 of the Act is amended
by adding the following after subsection (2):
|
|
| Telewarrant
|
(3) Where a peace officer believes that it
would be impracticable to appear personally
before a judge to make an application for a
warrant under this section, a warrant may be
issued under this section on an information
submitted by telephone or other means of
telecommunication and, for that purpose,
section 487.1 applies, with such modifications
as the circumstances require, to the warrant.
|
|
|
|
45. The Act is amended by adding the
following after section 487.09:
|
|
| Information
for impression
warrant
|
487.091 (1) A justice may issue a warrant in
writing authorizing a peace officer to do any
thing, or cause any thing to be done under the
direction of the peace officer, described in the
warrant in order to obtain any handprint,
fingerprint, footprint, foot impression, teeth
impression or other print or impression of the
body or any part of the body in respect of a
person if the justice is satisfied
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|
|
|
(a) by information on oath in writing that
there are reasonable grounds to believe that
an offence against this or any other Act of
Parliament has been committed and that
information concerning the offence will be
obtained by the print or impression; and
|
|
|
|
(b) that it is in the best interests of the
administration of justice to issue the war
rant.
|
|
| Search or
seizure to be
reasonable
|
(2) A warrant issued under subsection (1)
shall contain such terms and conditions as the
justice considers advisable to ensure that any
search or seizure authorized by the warrant is
reasonable in the circumstances.
|
|
| Provisions to
apply
|
(3) Subsections 487(2) and (4) apply, with
such modifications as the circumstances re
quire, to a warrant issued under subsection (1).
|
|
| Telewarrant
|
(4) Where a peace officer believes that it
would be impracticable to appear personally
before a justice to make an application for a
warrant under this section, a warrant may be
issued under this section on an information
submitted by telephone or other means of
telecommunication and, for that purpose,
section 487.1 applies, with such modifications
as the circumstances require, to the warrant.
|
|
|
|
46. The Act is amended by adding the
following after section 487.1:
|
|
| Where
warrant not
necessary
|
487.11 A peace officer, or a public officer
who has been appointed or designated to
administer or enforce any federal or provin
cial law and whose duties include the enforce
ment of this or any other Act of Parliament,
may, in the course of his or her duties, exercise
any of the powers described in subsection
487(1) or 492.1(1) without a warrant if the
conditions for obtaining a warrant exist but by
reason of exigent circumstances it would be
impracticable to obtain a warrant.
|
|
| R.S., c. 27 (1st
Supp.), s. 70
|
47. Section 488 of the Act is replaced by
the following:
|
|
| Execution of
search warrant
|
488. A warrant issued under section 487 or
487.1 shall be executed by day, unless
|
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|
|
(a) the justice is satisfied that there are
reasonable grounds for it to be executed by
night;
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|
|
(b) the reasonable grounds are included in
the information; and
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|
|
(c) the warrant authorizes that it be
executed by night.
|
|
| 1993, c. 40, s.
16
|
48. Section 489 of the Act is replaced by
the following:
|
|
| Seizure of
things not
specified
|
489. (1) Every person who executes a
warrant may seize, in addition to the things
mentioned in the warrant, any thing that the
person believes on reasonable grounds
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|
|
(a) has been obtained by the commission of
an offence against this or any other Act of
Parliament;
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|
|
(b) has been used in the commission of an
offence against this or any other Act of
Parliament; or
|
|
|
|
(c) will afford evidence in respect of an
offence against this or any other Act of
Parliament.
|
|
| Seizure
without
warrant
|
(2) Every peace officer, and every public
officer who has been appointed or designated
to administer or enforce any federal or provin
cial law and whose duties include the enforce
ment of this or any other Act of Parliament,
who is lawfully present in a place pursuant to
a warrant or otherwise in the execution of
duties may, without a warrant, seize any thing
that the officer believes on reasonable grounds
|
|
|
|
(a) has been obtained by the commission of
an offence against this or any other Act of
Parliament;
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|
|
|
(b) has been used in the commission of an
offence against this or any other Act of
Parliament; or
|
|
|
|
(c) will afford evidence in respect of an
offence against this or any other Act of
Parliament.
|
|
| 1993, c. 40, s.
17(1)
|
49. (1) The portion of subsection 489.1(1)
of the Act before paragraph (a) is replaced
by the following:
|
|
| Restitution of
property or
report by
peace officer
|
489.1 (1) Subject to this or any other Act of
Parliament, where a peace officer has seized
anything under a warrant issued under this Act
or under section 487.11 or 489 or otherwise in
the execution of duties under this or any other
Act of Parliament, the peace officer shall, as
soon as is practicable,
|
|
| 1993, c. 40, s.
17(2)
|
(2) The portion of subsection 489.1(2) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Restitution of
property or
report by
peace officer
|
(2) Subject to this or any other Act of
Parliament, where a person, other than a peace
officer, has seized anything under a warrant
issued under this Act or under section 487.11
or 489 or otherwise in the execution of duties
under this or any other Act of Parliament, that
person shall, as soon as is practicable,
|
|
|
|
50. (1) Section 490 of the Act is amended
by adding the following after subsection (3):
|
|
| Detention
without
application
where consent
|
(3.1) A thing may be detained under
paragraph (1)(b) for any period, whether or
not an application for an order under subsec
tion (2) or (3) is made, if the lawful owner or
person who is lawfully entitled to possession
of the thing seized consents in writing to its
detention for that period.
|
|
| R.S., c. 27 (1st
Supp.), s. 73
|
(2) The portion of subsection 490(9) of the
Act after paragraph (d) is replaced by the
following:
|
|
|
|
and may, if possession of it by the person from
whom it was seized is unlawful, or if it was
seized when it was not in the possession of any
person, and the lawful owner or person who is
lawfully entitled to its possession is not
known, order it to be forfeited to Her Majesty,
to be disposed of as the Attorney General di
rects, or otherwise dealt with in accordance
with the law.
|
|
| R.S., c. 27 (1st
Supp.), s. 73
|
(3) Subsection 490(15) of the Act is
replaced by the following:
|
|
| Access to
anything
seized
|
(15) Where anything is detained pursuant to
subsections (1) to (3.1), a judge of a superior
court of criminal jurisdiction, a judge as
defined in section 552 or a provincial court
judge may, on summary application on behalf
of a person who has an interest in what is
detained, after three clear days notice to the
Attorney General, order that the person by or
on whose behalf the application is made be
permitted to examine anything so detained.
|
|
|
|
(4) Section 490 of the Act is amended by
adding the following after subsection (17):
|
|
| Waiver of
notice
|
(18) Any person to whom three days notice
must be given under paragraph (2)(a) or (3)(a)
or subsection (7), (10) or (15) may agree that
the application for which the notice is given be
made before the expiration of the three days.
|
|
|
|
51. The Act is amended by adding the
following after section 490:
|
|
| Perishable
things
|
490.1 Where any thing seized pursuant to
this Act is perishable or likely to depreciate
rapidly, the person who seized the thing or any
other person having custody of the thing
|
|
|
|
(a) may return it to its lawful owner or the
person who is lawfully entitled to posses
sion of it; or
|
|
|
|
(b) where, on ex parte application to a
justice, the justice so authorizes, may
|
|
|
|
(i) dispose of it and give the proceeds of
disposition to the lawful owner of the
thing seized, if the lawful owner was not
a party to an offence in relation to the
thing or, if the identity of that lawful
owner cannot be reasonably ascertained,
the proceeds of disposition are forfeited
to Her Majesty, or
|
|
|
|
|
|
|
|
52. (1) The portion of subsection 498(1) of
the Act after paragraph (d) and before
paragraph (e) is replaced by the following:
|
|
|
|
and has not been taken before a justice or re
leased from custody under any other provision
of this Part, the officer in charge or another
peace officer shall, as soon as practicable,
|
|
| R.S., c. 27 (1st
Supp.), s. 186
(Sch. IV, item
5)
|
(2) Paragraphs 498(1)(g) and (h) of the
Act are replaced by the following:
|
|
|
|
(g) release the person on the person's
entering into a recognizance before the
officer in charge or another peace officer
without sureties in such amount not exceed
ing five hundred dollars as the officer
directs, but without deposit of money or
other valuable security, or
|
|