section 462.35(3)

INTRODUCTION AND BRIEF DESCRIPTION

Property may continue to be detained or orders may continue in force for more than six months if ordered by a judge for the purpose of forfeiture, investigation, or as evidence in any proceeding.

SECTION WORDING

462.35(3) The property may continue to be detained or the order may continue in force for a period or periods that exceed six months if the continuation is, on application made by the Attorney General, ordered by a judge, where the judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of section 462.37 or 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding.

EXPLANATION

Section 462.35(3) of the Criminal Code of Canada allows for the continued detention of property or an order for forfeiture to remain in force for periods exceeding six months. This can occur if, after an application by the Attorney General, a judge is satisfied that the property is required for the purpose of section 462.37 or 462.38, or any other provision under the Criminal Code or any other Act of Parliament relating to forfeiture. It may also be necessary for an investigation or as evidence in any proceeding. This section of the Criminal Code is significant for law enforcement agencies in Canada when they are conducting investigations and seizing criminal property that is believed to have been used in committing an offense. It sets out the legal requirements that must be met before property can be seized and detained for an extended period after the initial six-month time frame expires. The rationale behind this section is to ensure that property that is linked to criminal activity is not returned to its owner or disposed of before it has been fully investigated or used as evidence in a legal proceeding. By allowing for continued detention, this section helps to ensure that property is not released back into the community where it may be used to commit further crimes. Overall, section 462.35(3) plays a critical role in the criminal justice system in Canada by enabling law enforcement agencies to carry out their duties effectively and facilitating successful prosecutions of criminal offenders.

COMMENTARY

Section 462.35(3) of the Criminal Code of Canada provides for the continued detention of property or the continuation of an order for the forfeiture of property for a period exceeding six months. This extension may be allowed if the Attorney General applies to a judge, who then must be satisfied that the property is required for the purpose of section 462.37 or 462.38 of the Criminal Code of Canada, or for any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding. This section allows for the extension of detention or forfeiture orders in cases where they may be required beyond the initial six-month period. It recognizes that certain cases may require additional time for investigation and legal proceedings, and ensures that the government has the necessary authority to hold the property for as long as it is needed. For example, if the property is believed to be connected to criminal activity that spans several months or even years, then a longer period for detention or forfeiture may be required. Additionally, if the property is needed as evidence in a court case, it may need to be held until after the trial concludes. Ultimately, the purpose of this section is to prevent injustice and ensure that crime does not pay. By allowing the Attorney General to apply for an extended detention or forfeiture order, the government can hold property that was obtained through illegal means, thus preventing criminals from profiting from their illicit activities. However, it is also important to note that this section must be balanced with individual rights and freedoms. The government cannot detain or forfeit property indefinitely, and the judge must be satisfied that it is still necessary after the initial six-month period. Furthermore, individuals have the right to contest the detention or forfeiture of their property in court. In conclusion, section 462.35(3) of the Criminal Code of Canada provides a necessary tool for the government to combat criminal activity and ensure that justice is served. It allows for the continued detention or forfeiture of property beyond the initial six-month period, but under the supervision of a judge and subject to individual rights and freedoms. As such, it serves as an important piece of legislation in the fight against crime in Canada.

STRATEGY

Section 462.35(3) of the Criminal Code of Canada provides the Attorney General the opportunity to obtain an order from a judge for seizing and detaining the property for a period longer than six months. However, obtaining the order for continuation requires certain strategic considerations and strategies to be employed in order to make a successful application. One of the key strategic considerations is to establish the need for the property's continued detention beyond the six months. The property must be required for the purpose of section 462.37 or 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding. To establish this need, the Attorney General must demonstrate that the property is potentially relevant to an ongoing investigation or a future prosecution or forfeiture proceeding. The evidence must be strong and convincing enough to persuade the judge of the fact that the property's detention is necessary for the purposes described in the section. Another strategic consideration is to address any potential challenges or objections that may be raised by the opposing party. The opposing party may challenge the need for continued detention of the property or the evidence presented to support the Attorney General's application. In such cases, the Attorney General will have to address those challenges in the initial application and provide a compelling argument backed by legal precedents and evidence. Another important strategic consideration is timing. The Attorney General must file the application for continuation before the expiry of the initial six months detention period. The application must be filed and heard to obtain the extension before the expiry of the detention period. To succeed in obtaining an order for continuation, several strategies could be employed. First, the Attorney General should ensure that all the relevant documents, evidence, and legal precedents are in order and ready for submission before the hearing. The evidence should be presented in a clear and concise manner to persuade the judge of the need for the property's continued detention. Another strategy could be to engage experts or witnesses who can provide additional evidence to support the application. These experts could range from forensic accountants to subject-matter experts who can testify to the relevance of the property in a criminal investigation. Finally, the Attorney General could also make a persuasive argument to demonstrate that the continued detention of the property is necessary to prevent it from being destroyed or disposed of by the opposing party. This argument could help convince the judge of the need for continued detention and could strengthen the Attorney General's case. In conclusion, obtaining an order for continuation under section 462.35(3) of the Criminal Code of Canada requires careful consideration of the evidence and a persuasive argument to convince the judge of the need for continued detention. The Attorney General must prepare a strong case, engage expert witnesses, address any potential objections, and file the application in a timely manner. These strategies can help increase the chances of success in obtaining an extension order beyond the initial six months detention period.