INTRODUCTION AND BRIEF DESCRIPTION
This section applies certain provisions regarding the seizure of vehicles to certificates described in subsection (2).
SECTION WORDING
461(3) Subsections 258(6) and (7) apply, with such modifications as the circumstances require, in respect of a certificate described in subsection (2).
EXPLANATION
Section 461(3) of the Criminal Code of Canada relates to the issuance and use of certificates by law enforcement in the context of criminal investigations. Subsection (2) of this section sets out the types of certificates that may be issued by law enforcement, including warrantless search and seizure certificates and production orders. The provision makes reference to subsections 258(6) and (7) of the Criminal Code, which relate to the admissibility of evidence obtained through the use of a warrantless search and seizure or production order. These subsections set out the circumstances under which such evidence may be admitted in court and the procedures that must be followed to ensure the protection of Charter rights and freedoms. The modification referred to in section 461(3) is a legal requirement to adapt the application of subsections 258(6) and (7) to the circumstances of the specific certificate being used. This allows law enforcement to apply for and make use of certificates in a way that is consistent with the Charter and other legal protections for individuals. Overall, section 461(3) of the Criminal Code is an important provision for ensuring that law enforcement officers have access to the tools they need to investigate crimes while also respecting the rights and freedoms of individuals. By outlining the procedures for issuing and using certificates, this provision helps to ensure that evidence obtained in the course of a criminal investigation is admissible in court and that the rights of the accused are protected.
COMMENTARY
Section 461(3) of the Canadian Criminal Code is a provision that makes reference to sections 258(6) and (7) of the Code. This provision is designed to deal with certificates described in subsection 2 of section 461. Essentially, it specifies that the provisions of sections 258(6) and (7) apply with modifications as the circumstances require to certificates that are described in subsection 2 of section 461. To provide some context, section 258 of the Criminal Code deals with impaired driving offenses, including driving under the influence of alcohol or drugs. Subsections 258(6) and (7) specifically deal with the admissibility of certificates that show the results of a breathalyzer or blood test, which are often used to establish impairment in court. The certificates described in subsection 2 of section 461 refer to certificates that are issued by the Attorney General or an agent of the Attorney General. These certificates can be used to establish certain facts or evidence in criminal proceedings, such as the existence of a criminal organization or the commission of a criminal offense for the benefit of a criminal organization. It is important to note that section 461(3) only applies to certificates described in subsection 2 of the same section. Therefore, it does not necessarily apply to all certificates that may be used as evidence in criminal proceedings. Overall, section 461(3) serves as an important clarification that ensures that the provisions of sections 258(6) and (7) are properly applied to certificates described in subsection 2 of section 461. By doing so, the admissibility of these certificates can be properly determined in court, which ultimately helps to ensure that justice is served in criminal proceedings.
STRATEGY
Section 461(3) of the Criminal Code of Canada is a complex provision, which discusses the application of subsections 258(6) and (7) regarding certificates described in subsection (2). Subsection 258(6) is related to the suspension of a driver's license, while subsection 258(7) deals with the detention of a driver. One of the strategic considerations when dealing with section 461(3) is to understand the circumstances under which the provision is applied. In a nutshell, this section applies to the issuance of certificates for property seized in connection with an offense. This means that if you are dealing with a law enforcement agency that has seized your property or that of your client in connection with an offense, you need to know how to navigate the process of obtaining a certificate for the property. Some strategies that could be employed when dealing with section 461(3) include understanding the nature of the property seized, identifying the relevant authorities, and following the proper legal procedures. For example, if you are dealing with a case involving the seizure of a vehicle by law enforcement authorities, you need to know whether you are dealing with a criminal offense, a summary offense, or a civil infraction. Once you understand the nature of the offense, you can identify the relevant authorities and follow the proper legal procedures. For example, if you are dealing with a criminal offense, you may need to file a motion with the court to obtain a certificate for the seized property. This could involve providing evidence to the court that the seized property was not obtained through criminal activity or that the seized property is needed for an important reason. If you are dealing with a summary offense or a civil infraction, you may be able to negotiate with the law enforcement agency to obtain the certificate without going to court. This could involve providing evidence to the law enforcement agency that the seized property is needed for an important reason or that it was not obtained through criminal activity. Another important strategy when dealing with section 461(3) is to seek legal advice. This provision is complex and requires a detailed understanding of the Criminal Code of Canada and the legal principles that govern seizures of property in connection with offenses. By seeking legal advice, you can ensure that you are following the proper legal procedures and that you are not jeopardizing your case or your client's case. In conclusion, section 461(3) of the Criminal Code of Canada is a complex provision that requires careful attention to the circumstances of the offense and the legal procedures involved in obtaining a certificate for seized property. To successfully navigate this provision, it is important to understand the nature of the offense, identify the relevant authorities, and follow the proper legal procedures. Seeking legal advice is also critical to ensure that your rights and the rights of your clients are protected.