02-19 Report to a Justice/Order for Continued Detention

Question 1

What is the Rationale?

Answer 1

The management of all property seized by members of the Toronto Police Service (Service) is an integral part in the administration of justice. A Report to a Justice (Form 5.2) is required by the Criminal Code (CC) every time property is seized by a peace officer with or without warrant.
Section 13 of the Controlled Drugs and Substances Act (CDSA) requires that a Form 5.2 be completed for drug seizures.
Under the Provincial Offences Act (POA), a Return to a Search Warrant (TPS 130) is required for property seized under the authority of a search warrant, or when property is seized in a warrantless search during the performance of an officer’s duties under a Provincial Offences Statute, and where no procedure for dealing with the seized thing is otherwise provided by law.
A Form 5.2 is an official document, presented during a hearing to a Justice, indicating the results of a search conducted (with or without warrant) and/or property seized. The Justice will determine the disposition of property seized and will hear requests for an Order for Continued Detention.

Question 2

Procedure - Subsection 489.1 of the Criminal Code (CC) legislates that a Report to a Justice (Form 5.2) is required every time property is seized by a peace officer, with or without warrant:

Answer 2

 in the execution of duties under the CC, or
 any other Act of Parliament
This includes the seizure of drugs or any motor vehicle, with or without a warrant.

Question 3

Procedure - The only exception to this is_______. The Public Prosecution Service of Canada (PPSC) has given guidance which states that undercover drug purchases are neither searches nor seizures within the meaning of s. 8 of the Constitution Act, Part I, Canadian Charter of Rights and Freedoms (Charter). Undercover drug purchases are not considered _______. Additionally, the essence of a seizure under s. 8 of the Charter is the _________, thus undercover drug purchases are not seizures given the consensual nature of drug trafficking transactions.

Answer 3

when drugs are purchased from a suspect during the course of an undercover investigation

searches as those who engage in drug trafficking have no reasonable expectation of privacy in their dealings with customers

taking of a thing from a person by a public authority without that person’s consent

Question 4

Procedure - For provincial matters, a Return To Search Warrant (TPS 130) is required by the _______ for property seized under the authority of a search warrant, or when property is seized without warrant during the performance an officer’s duties under a ______, and where no procedure for dealing with the seized thing is otherwise provided by law.

Answer 4

Provincial Offences Act (POA), Provincial Offences Statute

Question 5

Procedure - All applications for the detention of property seized SHALL be made to a

Answer 5

Justice at the appropriate court location between 0900 and 1600 hours, Monday to Friday (weekends and statutory holidays excluded).

Question 6

Seizure of Weapons, Firearms and Ammunition - In addition to this Procedure, officers SHALL

Answer 6

comply with Procedures 04–21NIP and 05–21 when seizing weapons, firearms and ammunition under ss. 117.02, 117.03 and 117.04 of the CC.

Question 7

Disposition of Property - The police officer may elect to manage seized property in the following manner

Answer 7

 return the property to the lawful owner, if no charges have been laid and there is no dispute as to who is lawfully entitled to possession of the thing seized
 hold for further investigation, where charges are pending or no charges laid and includes abandoned property
 continued detention of seized property where charges are laid and the seized property is required for further
investigation, preliminary inquiry, trial or other proceeding

The police officer SHALL consult with a crown attorney for direction on the return of property which was seized as evidence, prior to returning any property to the lawful owner.

Question 8

Retention of Found Property - Police officers are advised that found property is governed by the Police Services Act (PSA). The following are guidelines for retention:

Answer 8

 found bikes: thirty (30) consecutive days
 all other general property: ninety (90) consecutive days
Finders of property listed above are able to claim the found property within a seven (7) consecutive day grace period, provided the retention period has expired and the lawful owner cannot be ascertained.

Question 9

Members who may file a Report to a Justice (Form 5.2) - When a search warrant had been executed, the officer completing the Form 5.2 and attending a Report to a Justice Hearing may include:

Answer 9

 affiant of the search warrant
 case manager
 exhibits officer
 seizing officer.
In addition, when property is seized without warrant, a common informant may file the Form 5.2 under the conditions outlined in item 3.

Question 10

Asset Forfeiture / Offence – Related Property - In all instances where property, including cash, is seized as proceeds of crime or offence–related property, officers SHALL contact the_________ as soon as possible. When seizing property as proceeds of crime or offence–related, the corresponding forfeiture forms must be completed and inserted into the crown envelope.

Answer 10

Organized Crime Enforcement – Financial Crimes – Asset Forfeiture (Asset Forfeiture section)

Question 11

Asset Forfeiture / Offence – Related Property - The Asset Forfeiture section will co–ordinate and provide expertise in cases involving _________. The Asset Forfeiture section may also participate in cases where the investigating unit is unable to provide the necessary resources to conduct the proceeds investigation. Officers SHALL comply with Procedure 05–15. NIP

Answer 11

the seizure of monies and other assets obtained through criminal activity

Question 12

Detective Operations – Forensic Identification Services – Large Seizures - Officers from Detective Operations – Forensic Identification Services (FIS) who have large seizures at major crime scenes SHALL submit an_______. The case manager SHALL ensure that a _____ is subsequently completed and filed in court.

Answer 12

exhibit list to the case manager listing all property seized

Form 5.2

Question 13

Continued Detention Order - Once seized property has _______ an Order for Continued Detention is no longer required.

Answer 13

 been entered as an exhibit at a preliminary inquiry, trial or other legal proceeding or
 where charges are laid

Question 14

Continued Detention Order - The detention of seized property where no charges are laid SHALL not exceed ____ from the date of seizure.

Answer 14

three (3) months

Question 15

Continued Detention Order - When further detention of the seized property is required beyond the three (3) month period, a _____ SHALL be completed.

Answer 15

TPS 143

Question 16

Continued Detention Order - The cumulative period of detention SHALL not exceed ______ from the date of the seizure.

Answer 16

one (1) year

Question 17

Continued Detention Order - All applications for the continued detention of seized property SHALL be made before a _______ and/or the ______ was filed.

Answer 17

Justice in the court location where the search warrant was issued, Form 5.2

Question 18

Continued Detention Order - In circumstances where it is necessary to detain property beyond one (1) year, an application for continued detention SHALL be made before a ________. Such applications will be made through the _________. Legal Services (LSV) is available to provide assistance and direction to the case manager on this process.

Answer 18

Superior Court Justice, Office of the Crown Attorney

Question 19

Forfeiture Order - In order to lawfully dispose of seized property at the completion of a case, it is essential to have the applicable ______ placed inside the crown envelope during the initial investigation.

Answer 19

Forfeiture Orders

Question 20

Member - After seizing property with or without warrant, the police officer seizing the property SHALL

Answer 20

 complete the applicable Form 5.2
 place the paperwork into the crown envelope

Question 21

Member - When property has been seized as a result of the execution of a search warrant and

Answer 21

 charges laid, or
 no charges laid, or
 charges are pending
 whenever possible, the police officer who obtained the search warrant and the officer signing the Form 5.2 with
warrant SHALL be the same person
 the Report to a Justice Hearing SHALL be made before a Justice in the same court location where the search warrant was issued

Question 22

Member - Officers may use a common informant to file the Form 5.2 when property has been seized without a warrant and

Answer 22

 the accused is held for a show cause hearing
 the accused is released on a Form 9 or Form 10
 charges are laid and/or proceeding by way of a Criminal Summons
 charges are pending.
 Items 2 and 3 also governs when property is seized for further investigation and charges are pending.
 There is no requirement to complete a Form 5.2 when abandoned property is seized without warrant and
 no arrest is made or charges laid, or
 there are no charges pending.

Question 23

Member - In the case of a telewarrant SHALL file the Form 5.2 in the

Answer 23

same jurisdiction where the search warrant was executed.

Question 24

Member - When a court officer seizes property during a tour of duty SHALL comply with

Answer 24

• the applicable items in this Procedures
• Procedure 04–21 NIP
• the applicable unit-specific policies.

Question 25

Member - When attending a Report to a Justice Hearing SHALL

Answer 25

 comply with Procedure 04–21
 complete an crown envelope in compliance with Procedure 12–01. Mark in red on the front ‘Report to a Justice’ and insert a copy of
 the search warrant and appendices
 the synopsis from the eReport outlining
 the location of the search
 the date and time of the search and seizure
 the accused name, a list of charges laid, or the name of the suspect, if known and a list of charges
pending
 the connection between any property seized and charges laid or charges pending
 the disposition of property seized, including the reason any property is required to be held
 when a search warrant was executed, complete a Form 5.2 with warrant, and appendices if applicable, forthwith
 when property is seized without warrant, complete a Form 5.2 without warrant or Form 5.2 without Warrant –
Common Informant, and appendices if applicable, forthwith
 make two (2) copies of the Form 5.2 and note at the top of each form which is the original and which are the
copies

Question 26

Member - When appearing before a Justice, in addition to the above items listed in the crown envelope, may be asked to produce

Answer 26

 the original search warrant and appendices, if applicable
 a copy of the original Information to Obtain a Search Warrant (Information), if applicable
 the seized property when directed by a Justice

Question 27

Member - Where it is not feasible to transport the seized property to the courthouse SHALL photograph or videotape the evidence.

Answer 27

 Drugs and dangerous materials SHALL not be taken to court.
 The Information, or a copy thereof, SHALL not be filed with the Court or placed in the crown envelope

Question 28

Member - Once the Justice and the member have signed and dated the Form 5.2 and copies SHALL

Answer 28

 file the original signed Form 5.2 at the court, attached to the original Information, if applicable
 place one (1) copy of the signed Form 5.2 into the crown envelope to ensure it will be available for disclosure within fourteen ( 14) days for Federal cases and twenty eight (28) days for all other cases, from date of charge, if applicable
 send 1 copy of the signed Form 5.2 to the Case Manager via inter–departmental mail, if applicable
 e-mail all the information on the Form 5.2 to the Property & Video Evidence Management Unit (PVEMU) and the Case Manager, if applicable, using the Form 5.2 E-mail Template to: Report to a Justice – PPB/TPS
 The Form 5.2 E-mail Template can be saved then e-mailed to the PVEMU.
 comply with Appendix A

Question 29

Member - After seizing property under the authority of the POA SHALL comply with applicable items

Answer 29

2 to 9, substituting TPS 130 for the Form 5.2, as applicable.

Question 30

Member - If a Justice refused to sign a Form 5.2 or recognize the common informant status SHALL

Answer 30

 request that the reasons be given on record
 notify the case manager by e-mail of the refusal, and request that the seizing officer attend in person to file the
Form 5.2
 complete a TPS 649 outlining the date and time, court location, name of the Justice and the circumstances, and
submit to the Unit Commander through the next level supervisor

Question 31

Case Manager - When property has been seized as a result of a multi–jurisdictional and/or joint forces operation SHALL

Answer 31

ensure a Form 5.3 is completed and filed before a Judge.
 The Form 5.3 is not contained in TPS Forms. Officers SHALL refer to the CC for the appropriate wording.

Question 32

The Case Manager SHALL

Answer 32

 ensure compliance with Procedures 02–18, 04–21, Chapter 9 and 12–01 (all card NIP)
 ensure compliance with items 1 to 10
 comply with Procedure 12–08 for disclosure matters
 not hold a person in custody from being transported to court due to the Form 5.2 not being completed

Question 33

The Case Manager SHALL ensure all required paperwork

Answer 33

 is complete, accurate and signed by the submitting officer and/or the supervisor
 is in the crown envelope and available for disclosure in accordance with this Procedure and Procedure 12–08 NIP

Question 34

Case Manager - When in receipt of an e-mail notice from a common informant indicating that a Justice has refused to sign a Form 5.2 or recognize the common informant status SHALL ensure

Answer 34

 the seizing officer attends a Report to a Justice Hearing, as soon as practicable
 the common informant submits a TPS 649 to their Unit Commander indicating the date, time, court location, name of the Justice and circumstances

Question 35

Case Manager - Where a Forfeiture Order is required SHALL ensure

Answer 35

 at the time the charges are laid, the original applicable Forfeiture Order and one (1) copy, (both SHALL be left blank) are included in the crown envelope
 a copy of the applicable property reports are appended to each Forfeiture Order and placed inside the crown envelope
 the forfeiture section on the back of the crown envelope is completed in full
 the crown prosecutor is made aware that a Forfeiture Order form is in the crown envelope prior to the trial and sentencing of the accused

 The Ministry of the Attorney General will ensure that Crown Prosecutors are made aware of their obligation under the Criminal Code to request forfeiture of property seized prior to sentencing, if applicable to the case. Once the Justice has signed the Forfeiture Order, the prosecutor is required to place the form in a drop box located in the Detective Sergeant’s office at the courthouse.

Question 36

Case Manager - At the conclusion of the sentencing, if forfeiture of the property is not granted, SHALL

Answer 36

ensure the Property Disposition Inquiry (PDI) application on the TPS Network is updated, indicating the disposition of all property.

Question 37

Case Manager - Where an application for an Order for Continued Detention of property seized is required SHALL

Answer 37

 give notice to the court by completing a TPS 141, in triplicate, no later than thirty (30) days prior to the expiration of the current Order for Detention, ensuring the next available Hearing date is used
 serve a copy of the TPS 141 at least three (3) business days (weekends and statutory holidays excluded) before
the date of the Hearing on the
 person from whom the property was seized, or
 lawful owner of the seized property, when ascertainable, or
 the parent, adult relative or other adult (refer to Youth Criminal Justice Act), when a young person has been
served with a “Notice of Hearing”
 if a search warrant was issued, provide the following documents to the court location where the search warrant was issued and/or the Form 5.2 was filed, at least two (2) days prior to the Hearing date
 a copy of the original crown envelope, containing
 a copy of the original search warrant and appendices, if applicable
 a copy of the original TPS 143
 a copy of the synopsis from the eReports outlining
 the location of the search
 the date and time of the search
 the accused name and a list of charges laid, or the name of the suspect and a list of charges pending,
if known
 the connection between any property seized and charges laid or charges pending
 the reason the property needs to be held
 appear before the Justice at the court with
 a copy of the TPS 141
 the original search warrant crown envelope containing the above mentioned documents, if applicable and,
 a TPS 143, in duplicate
 a copy of the original Form 5.2 and appendices, if applicable
 after the TPS 143 has been signed by the Justice, e-mail all the information to PVEMU and the case manager, if applicable, using the Form 5.2 E-mail Template to: Report To Justice – PPB/TPS
 The Form 5.2 E-mail Template can be saved then e-mailed to the PVEMU.

Question 38

Case Manager - Where an Order for Continued Detention is required beyond twelve (12) months SHALL

Answer 38

consult with the Office of the Crown Attorney prior to making an application before a Superior Court Justice.
 Legal Services is available to provide assistance and direction to the case manager.

Question 39

Case Manager - After the Order for Continued Detention beyond twelve (12) months has been signed by the Justice SHALL

Answer 39

e-mail the information on the Order for Continued Detention of property seized to PVEMU using the Form 5.2 E-mail Template to: Report To Justice – PPB/TPS.

Question 40

Officer in Charge or Designate- The Officer in Charge or designate SHALL

Answer 40

 ensure that all required paperwork is complete, accurate and signed by the submitting officer and/or the supervisor
 ensure that all required paperwork is in the crown envelope and available for disclosure in accordance with this Procedure and Procedure 12–08 NIP
 review all Form 5.2 and appendices prepared by officers under their direction
 review and approve or deny all requests from officers for permission to present a Form 5.2 personally to a Justice, taking into consideration the exigencies of the Service

Question 41

Detective Sergeant (Crown Liaison) – Court Services - The Crown Liaison in each court location SHALL ensure

Answer 41

 a TPS drop box is available for crown prosecutors to place the signed Forfeiture Orders
 all received Forfeiture Orders are forwarded to the Unit Commander – PVEMU prior to the completion of their tour of duty

Question 42

Definitions - Abandoned Property means

Answer 42

a thing over which a person has surrendered any possessory right or privacy right and which may or may not relate to a crime and/or crime scene and which potentially has some evidentiary value.

Question 43

Definitions - Affiant means

Answer 43

a police officer who swears to an affidavit, commonly used when requesting a search warrant before a Justice.

Question 44

Definitions - Case Manager means

Answer 44

a police officer assigned to prepare and manage a case for trial. A case manager is assigned for each Confidential Crown Envelope (crown envelope) and designated in accordance with established unit policy.

Question 45

Definitions - Common Informant the purposes of court disclosure means

Answer 45

a divisional warrant officer, or an on-duty designate, or a court officer who is a sworn peace officer, during the lawful execution of their duties.

 Court Officers may only act as a Common Informant for the purposes of bringing a Form 5.2 before a Justice when property has been seized and the accused has been show caused (first appearance only) and the Form 5.2 is completed correctly and is in the crown envelope at the time the accused is being held for a show cause hearing.

Question 46

Definitions - Continued Detention means

Answer 46

the detention of property beyond the initial three (3) months from the date of seizure.

Question 47

Definitions - Exhibits Officer means

Answer 47

a police officer delegated to seize all property, commonly used when a search warrant is executed.

Question 48

Definitions - Forfeiture means seizure of private property because

Answer 48

 it was illegally obtained, or
 it is an illegal substance, or
 the legal basis for possession has ended.

Question 49

Definitions - Forfeiture Order means

Answer 49

an Order prepared and signed by a Justice to authorize the disposal of seized property by the Public Prosecution Service of Canada (PPSC) and/or the Ministry of the Attorney General (MAG).

Question 50

Definitions - Found Property means

Answer 50

any property which was located by a member or a citizen and turned over to a member, and the item (at the time) has no apparent evidentiary value.

Question 51

Definitions - Informational Material means

Answer 51

information obtained from a thing that is seized.

Question 52

Definitions - Justice means

Answer 52

a Justice of the Peace or a Provincial Court Judge (Source: S. 2 CC).

Question 53

Definitions - Peace Officer – Report to Justice for the purposes of filing a Report to Justice means

Answer 53

a police officer, or a court officer who is a sworn peace officer.

Question 54

Definitions - Property means

Answer 54

any article and/or document found by, seized by, surrendered to, or intended to be surrendered to a Service member.

Question 55

Definitions - Seized Property means

Answer 55

a thing, including informational material, seized from a person and/or place, with or without a warrant, by a peace officer without that person’s consent.

Question 56

Definitions - Seizing Officer means

Answer 56

a peace officer who has seized property, either with or without a search warrant, and includes a court officer during the lawful execution of their duties.

Question 57

Definitions - Surrendered Property means

Answer 57

any article, document, informational material and/or thing whose possession has been voluntarily given to a member and the item (at that time) may or may not have