Criminal Code (R.S.C., 1985, c. C-46)

Marginal note: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

  • (a) has been obtained by the commission of an offence against this or any other Act of Parliament;

  • (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.

• Marginal note:Seizure without warrant

  (2) Every peace officer, and every public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement 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;

  • (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.

Marginal note: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,

  • (a) where the peace officer is satisfied,

    • (i) that there is no dispute as to who is lawfully entitled to possession of the thing seized, and

    • (ii) that the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding,

    return the thing seized, on being issued a receipt therefor, to the person lawfully entitled to its possession and report to the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, a justice having jurisdiction in respect of the matter, that he has done so; or

  • (b) where the peace officer is not satisfied as described in subparagraphs (a)(i) and (ii),

    • (i) bring the thing seized before the justice referred to in paragraph (a), or

    • (ii) report to the justice that he has seized the thing and is detaining it or causing it to be detained

    to be dealt with by the justice in accordance with subsection 490(1).

• Marginal note: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,

  • (a) bring the thing seized before the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, before a justice having jurisdiction in respect of the matter, or

  • (b) report to the justice referred to in paragraph (a) that he has seized the thing and is detaining it or causing it to be detained,

  to be dealt with by the justice in accordance with subsection 490(1).

• Marginal note:Form

  (3) A report to a justice under this section shall be in the form set out as Form 5.2 in Part XXVIII, varied to suit the case and shall include, in the case of a report in respect of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9).