Report to a Justice / Order for Continued Detention

Question 1

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. What is the only exception to this?

Answer 1

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

Question 2

All applications for the detention of property seized shall be made to a Justice at the appropriate court location between __________________________.

Answer 2

0900 and 1600 hours, Monday to Friday (weekends and statutory holidays excluded).

Question 3

Disposition of Property

The police officer may elect to manage seized property in the following manner (3)

Answer 3

• 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

Question 4

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

Answer 4

a crown attorney

Question 5

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:
- found bikes: _______ consecutive days
- all other general property: ________ consecutive days

Finders of property listed above are able to claim the found property within a ________ consecutive day grace period, provided the retention period has expired and the lawful owner cannot be ascertained.

Answer 5

bikes 30
other property 90
finders 7

Question 6

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 who?

Answer 6

• affiant of search warrant
• case manager
• exhibits manager
• seizing officer

Question 7

Specialized Criminal Investigations – Forensic Identification Services – Large Seizures
Officers from Specialized Criminal Investigations – Forensic Identification Services (FIS) who have large seizures at major crime scenes shall submit an exhibit list to the case manager listing all property seized. The _______shall ensure that a Form 5.2 is subsequently completed and filed in court.

Answer 7

case manager

Question 8

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 _______ period, a TPS 143 shall be completed.

The cumulative period of detention shall not exceed _______from the date of the seizure.

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 Office of the Crown Attorney. Legal Services (LSV) is available to provide assistance and direction to the case manager on this process.

Answer 8

three (3) months
three (3) month
one (1) year
Superior Court Justice

Question 9

Where an application for an Order for Continued Detention of property seized is required shall

• give notice to the court by completing a TPS 141, in triplicate, 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 _______ (weekends and statutory holidays excluded) before the date of the Hearing on the
• 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_____prior to the Hearing date

Answer 9

30 days
3 business days
2 days