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

Question 1

Rationale
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 —– 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.

Answer 1

Criminal Code (CC)

Question 2

Rationale

Under the Provincial Offences Act (POA), a Return to a Search Warrant (——) 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 ———- 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 ——- warrant) and/or property seized. The Justice will determine the disposition of property seized and will hear requests for an Order for —– Detention

Answer 2

TPS 130
procedure
without
Continued

Question 3

Procedure
Subsection —- 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:
 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.

Answer 3

489.1

Question 4

Procedure

The only exception to this is when drugs are ——- from a suspect during the course of an undercover investigation.
The ————- (PPSC) has given guidance which states that undercover drug purchases are neither ——- nor ——— 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 searches as those who engage in drug trafficking have no reasonable ——-of privacy in their dealings with ———. Additionally, the essence of a seizure under s. 8 of the Charter is the taking of a thing from a person by a public authority without that person’s consent, thus undercover
drug purchases are not seizures given the ——— nature of drug trafficking transactions.

Answer 4

purchased
Public Prosecution Service of Canada
searches nor seizures
expectation
customers
consensual

Question 5

For provincial matters, a Return To Search Warrant (TPS 130) is required by the Provincial Offences Act (POA) 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 Provincial Offences Statute, and where no procedure for dealing with the seized thing is
otherwise provided by law.

All applications for the detention of property seized shall be made to a Justice at the appropriate court location between ——- and —– hours, Monday to Friday (weekends and statutory holidays excluded).
Seizure of Weapons, Firearms and Ammunition In addition to this Procedure, officers shall comply with Procedures 04–21 and 05–21 when seizing weapons, firearms and ammunition under ss. 117.02, 117.03 and 117.04 of the CC.

Answer 5

0900 and 1600 hours

Question 6

Disposition of Property
The police officer may elect to manage seized property in the following manner
 ——— the property to the lawful owner, if no charges have been laid and there is no ——– as to who is lawfully entitled to possession of the thing seized
 ——– for further investigation, where charges are pending or no charges laid and includes ———- 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 ——- for direction on the return of property which was seized as evidence,
prior to returning any property to the lawful owner.

Answer 6

return
dispute
hold
abandoned
crown attorney

Question 7

Retention of Found Property

Police officers are advised that found property is governed by the ———. The following are guidelines for retention:
 found bikes: ——– days
 all other general property: ——– days
Finders of property listed above are able to claim the found property within a ————- day grace period, provided the retention period has ————–and the lawful owner cannot be ————-.

Answer 7

Police Services Act (PSA)
(30) consecutive
(90) consecutive
seven (7) consecutive
expired
ascertained

Question 8

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: CASE
 a—————
 c————
 e—————
 s—————–
In addition, when property is seized without warrant, a ————- may file the Form 5.2 under the conditions
outlined in item 3.

Answer 8

 affiant of the search warrant
 case manager
 exhibits officer
 seizing officer.

Common informant

Question 9

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 ———- forms must be completed and inserted into the crown envelope.

The Asset Forfeiture section will co–ordinate and provide expertise in cases involving the seizure of monies and other assets obtained through criminal activity. The Asset Forfeiture section may also ——— 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.

Answer 9

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

Question 10

Detective Operations – Forensic Identification Services – Large Seizures
Officers from —————who have large seizures at major crime scenes shall submit an ————- to the case manager listing all property seized. The case manager shall ensure that a Form 5.2 is subsequently completed and filed in court.

Answer 10

Detective Operations – Forensic Identification Services (FIS)
exhibit list

Question 11

Continued Detention Order

Once seized property has
 been entered as an exhibit at a preliminary inquiry, trial or other legal proceeding or
 where charges are laid an Order for Continued Detention is —–longer required.
The detention of seized property where no charges are laid shall not exceed ——— from the date of seizure.
When further detention of the seized property is required beyond the three (3) month period, a TPS ———–shall be
completed.

Answer 11

no
three (3) months
143

Question 12

Continued Detention Order

The cumulative period of detention shall not exceed ——- year from the date of the ———-.
All applications for the continued detention of seized property shall be made before a Justice in the court location where the search warrant was ————- and/or the Form 5.2 was filed.
In circumstances where it is necessary to detain property beyond one (1) year, an application for continued detention shall be made before a ——- Court Justice. Such applications will be made through the Office of the ——— Attorney. ————– LSV is available to provide assistance and direction to the case manager on this process

Answer 12

one (1)
seizure
issued
Superior
Crown
Legal Services (LSV)

Question 13

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

Answer 13

lawfully
Forfeiture

Question 14

Member
1. After seizing property with or without warrant, the police officer seizing the property shall
 complete the applicable Form 5.2
 place the paperwork into the crown envelope
2. When property has been seized as a result of the execution of a search warrant and
 charges laid, or
 no charges laid, or
 charges are pending
 whenever possible, the police officer who —— the search warrant and the officer —— the Form 5.2 with warrant shall be the ——– person
 the Report to a Justice Hearing shall be made before a Justice in the —-court location where the search warrant was issued

Answer 14

obtained
signing
same
same

Question 15

Member

3. Officers may use a common informant to file the Form 5.2 when property has been seized ——— a warrant and
    the accused is ——-for a show cause hearing
    the accused is released on a ——– 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 ———— In the case of a telewarrant shall file the Form 5.2 in the same ———- where the search warrant was executed.

Answer 15

without
held
Form 9
pending
jurisdiction

Question 16

Member

5. When a court officer seizes property during a tour of duty shall comply with
   - the applicable items in this Procedures
   - Procedure 04–21
   - the applicable unit-specific policies.
6. When attending a Report to a Justice Hearing shall
    comply with Procedure 04–21
    complete an crown envelope in compliance with Procedure 12–01. Mark in red on the front ‘————’
   and insert a copy of
    the search warrant and ———–
    the synopsis from the ———- 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 ———–between any property seized and charges laid or charges pending
    the disposition of property seized, including the ——– 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 —— copies of the Form 5.2 and note at the top of each form which is the original and which are the copies

Answer 16

Report to a Justice
appendices
eReport
connection
reason
two (2)

Question 17

Member

7. When appearing before a Justice, in addition to the above items listed in the crown envelope, may be asked to produce
    the original search warrant and appendices, if applicable
    a copy of the original ———to Obtain a Search Warrant (Information), if applicable
    the seized property when directed by a Justice
8. Where it is not feasible to transport the seized property to the courthouse shall photograph or ———-the evidence.
    Drugs and ——— materials shall not be taken to court.
    The Information, or a copy there of, shall not be filed with the Court or placed in the crown envelope

Answer 17

Information
videotape
dangerous

Question 18

Member

9. Once the Justice and the member have signed and dated the Form 5.2 and copies shall
    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 ——–days for Federal cases and———–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 ——— (PVEMU) and the
   ———–, 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
   10.After seizing property under the authority of the POA shall comply with applicable items 2 to 9, substituting TPS 130
   for the Form 5.2, as applicable

Answer 18

fourteen ( 14)
twenty eight (28)
Property & Video Evidence Management Unit
Case Manager

Question 19

Member

11.If a Justice refused to sign a Form 5.2 or recognize the common informant status shall
 ———-that the reasons be given on record
 notify the ———- by e-mail of the refusal, and request that the ———officer attend in person to file the Form 5.2
 complete a TPS —– outlining the date and time, court location, name of the Justice and the circumstances, and submit to the ——– through the ——

Answer 19

request
case manager
seizing
649
Unit Commander
next level supervisor

Question 20

Case Manager
12.When property has been seized as a result of a multi–jurisdictional and/or joint forces operation shall ensure a Form —– is completed and filed before a ——-.
 The Form 5.3 is not contained in TPS Forms. Officers shall refer to the —for the appropriate wording.
13.The Case Manager shall
 ensure compliance with Procedures 02–18, 04–21, Chapter 9 and 12–01
 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

14.The Case Manager shall ensure all required paperwork
 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

Answer 20

5.3
Judge
CC

Question 21

Case Manager

15.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
 the seizing officer attends a Report to a Justice Hearing, as soon as practicable
 the ———– submits a TPS 649 to their Unit Commander indicating the date, time, court location, name of the Justice and circumstances
16.Where a Forfeiture Order is required shall ensure
 at the time the charges are laid, the original applicable Forfeiture Order and one (1) copy, (both shall be left ———) are included in the crown envelope
 a copy of the applicable property reports are ——–to each Forfeiture Order and placed inside the crown envelope
 the forfeiture section on the ——of the crown envelope is completed in full
 the crown prosecutor is made ——-that a Forfeiture Order form is in the crown envelope prior to the trial and sentencing of the accused

Answer 21

common informant
blank
appended
back
aware

Question 22

Case Manager

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 —–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 ————office at the courthouse.
17.At the conclusion of the sentencing, if forfeiture of the property is not granted, shall ensure the Property Disposition Inquiry (PDI) application on the TPS Network is updated, indicating the disposition of all property.

Answer 22

prior
Detective Sergeant’s

Question 23

Case Manager

18.Where an application for an Order for Continued Detention of property seized is required shall
 give notice to the court by completing a TPS —– , in ——- no later than ——- 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 —— business days (weekends and statutory holidays excluded) before
the date of the Hearing on the
 —— from whom the property was seized, or
 lawful ——– of the seized property, when ascertainable, or
 the ——-, adult relative or other adult (refer to Youth Criminal Justice Act), when a young person has been served with a “———-”

Answer 23

141
triplicate,
thirty (30) days
(3) business days (weekends and statutory holidays excluded)
person
owner
parent
Notice of Hearing

Question 24

Case Manager

 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 ——- 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 ——
 a copy of the ——- 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 ——–
 a copy of the original —— 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.

Answer 24

least two (2)
143
synopsis
duplicate
Form 5.2

Question 25

Case Manager

19.Where an Order for Continued Detention is required beyond twelve (12) months shall 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.
20.After the Order for Continued Detention beyond twelve (12) months has been signed by the Justice shall e-mail the information on the Order for Continued Detention of property seized to PVEMU using the ———

Answer 25

Form 5.2 E-mail Template to: Report To Justice – PPB/TPS.

Question 26

Officer in Charge or Designate

21.The Officer in Charge or designate shall
 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
 ——all Form 5.2 and appendices prepared by officers under their direction
 review and approve or deny all requests from officers for —— to present a Form 5.2 personally to a Justice, taking into consideration the exigencies of the Service

Answer 26

review
permission

Question 27

Detective Sergeant (——–) – Court Services
22.The Crown Liaison in each court location shall ensure
 a TPS drop box is available for crown prosecutors to place the signed Forfeiture Orders
 all received Forfeiture Orders are forwarded to the ———prior to the completion of their tour of duty

Answer 27

Crown Liaison
Unit Commander – PVEMU

Question 28

Abandoned Property means a thing over which a person has ———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 ——- value.

Answer 28

surrendered
evidentiary

Question 29

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

Answer 29

affidavit

Question 30

Case Manager means a police officer assigned to —–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.

Answer 30

prepare

Question 31

Common Informant the purposes of court disclosure means a divisional warrant officer, or an on-duty designate, or a —— 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 ——- 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.

Answer 31

court
bringing

Question 32

Continued Detention means the detention of property beyond the initial ———– from the date of seizure

Answer 32

three (3) months

Question 33

Exhibits Officer means a police officer delegated to —— all property, commonly used when a search warrant is executed.

Answer 33

seize

Question 34

Forfeiture means seizure of private property because
 it was ——- obtained, or
 it is an illegal ———, or
 the legal ——–for possession has ended

Answer 34

illegally
substance
basis

Question 35

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

Answer 35

disposal

Question 36

Found Property means any property which was ——-by a member or a citizen and turned over to a member, and the item (at the time) has —apparent evidentiary value.

Answer 36

located
no

Question 37

Informational Material means ——— obtained from a thing that is seized

Answer 37

information

Question 38

justice means a Justice of the Peace or a ——–Court Judge (Source: S. 2 CC).

Answer 38

Provincial

Question 39

Peace Officer – Report to Justice for the purposes of filing a Report to Justice means a police officer, or a ——- officer who is a sworn peace officer

Answer 39

court

Question 40

Property means any article and/or document found by, seized by, surrendered to, or ———- to be surrendered to a
Service member.

Answer 40

intended

Question 41

seized Property means a ——–, including ——material, seized from a person and/or place, with or without a warrant, by a peace officer without that person’s ———-

Answer 41

thing
informational
consent

Question 42

Seizing Officer means a ——— officer who has seized property, either with or without a search warrant, and includes a ——- officer during the lawful execution of their duties.

Answer 42

peace
court

Question 43

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

Answer 43

voluntarily