Report to Justice

Question 1

Continued Detention means the detention of property beyond the initial ____ months from the date of seizure

Answer 1

3

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:
 in the execution of duties under the CC, or
 any other Act of Parliament
The only exception to this is when ______________ 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).

Answer 2

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

Question 3

The detention of seized property where no charges are laid shall not exceed __ months from the date of seizure.

Answer 3

3

Question 4

The cumulative period of detention shall not exceed ___ from the date of the seizure

Answer 4

1 year

Question 5

All applications for the continued detention of seized property shall be made before a Justice in the ______________.

Answer 5

court location where the search warrant was issued and/or the Form 5.2 was filed.

Question 6

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 6

 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 7

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 ___ days prior to the expiration of the current Order for Detention, ensuring the next available Hearing date is used

Answer 7

30

Question 8

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 ________ 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 8

show caused (first appearance only)