section 490.02903(3)

INTRODUCTION AND BRIEF DESCRIPTION

The person serving a notice must send a copy to the Attorney General or minister of justice of the province or territory where the notice was served.

SECTION WORDING

490.02903(3) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

EXPLANATION

Section 490.02903(3) of the Criminal Code of Canada outlines the requirement for a person who serves a notice of application for return of seized property or variation of a detention order to send a copy of their affidavit and notice to the Attorney General of the province or the minister of justice of the territory in which the person was served. This notice of application is often used by individuals who have had their property seized by law enforcement during an investigation or have been detained pending a decision on their criminal charges. The purpose of this section is to ensure that the provincial or territorial government is aware of the application and has the opportunity to participate in the proceedings if they so choose. The Attorney General or minister of justice may have an interest in the case, particularly if it involves issues that impact the administration of justice or the implementation of criminal law in their jurisdiction. By requiring the person who served the notice to send a copy of their affidavit and notice to the appropriate government representative, Section 490.02903(3) ensures that the government is kept informed and has the opportunity to take action if necessary. This promotes transparency and accountability in the legal system and helps to ensure fair and consistent application of the law. Overall, Section 490.02903(3) is an important provision in the Criminal Code of Canada that serves to promote fairness, transparency, and accountability in the legal system. It helps to ensure that the government is aware of legal proceedings that may impact their jurisdiction and can take action as necessary to promote the interests of justice.

COMMENTARY

Section 490.02903(3) of the Criminal Code of Canada is an important provision that deals with serving notice of an application for a record suspension, also known as a pardon. The section outlines the responsibilities of the person serving the notice, and specifically requires them to send a copy of the affidavit and notice to the Attorney General of the province or the minister of justice of the territory where the person was served. The purpose of this section is to ensure that the government is aware of record suspension applications, and has an opportunity to provide input or object if they feel it is necessary. By requiring notice to be sent to the Attorney General or minister of justice, the government is able to participate in the process and provide any necessary information about the case that could impact whether or not a record suspension should be granted. From a practical standpoint, this section puts an additional responsibility on the person serving the notice, adding an extra layer of complexity to the record suspension application process. However, it is an important step in ensuring fairness and transparency in the process, and allows for a balanced consideration of all relevant information before a decision is made on whether to grant a record suspension. The requirement to send notice to the Attorney General or minister of justice is also consistent with the overall goal of the record suspension process, which is to provide individuals with a criminal record with the opportunity to reintegrate into society and lead productive lives. By involving the government, the process is intended to ensure that all relevant factors are taken into consideration when deciding whether to grant a record suspension. This section of the Criminal Code of Canada also serves an important public policy goal by ensuring that any decision to grant a record suspension is made in a transparent manner. By involving the government, the process is more open and transparent, and reduces the potential for abuse or inappropriate decision-making. Overall, while Section 490.02903(3) of the Criminal Code of Canada does add an additional step to the record suspension application process, it is an important provision that helps to ensure transparency, fairness, and consistency in the decision-making process. By involving the government and requiring notice to be sent to the Attorney General or minister of justice, the process is more open and transparent, and provides an opportunity for all relevant factors to be taken into consideration before a decision is made.

STRATEGY

Section 490.02903(3) of the Criminal Code of Canada is an essential part of the Canadian criminal justice system. It mandates that individuals who wish to claim ownership of seized property must serve a notice on the Attorney General or Minister of Justice in the relevant province or territory. This section is critical because it allows the government to promptly respond to claims of ownership and protect the public by ensuring that only lawful owners have access to the property. The strategic considerations when dealing with this section of the Criminal Code of Canada are complex, and there are several strategies that could be employed. One of the primary considerations is timing. The notice must be served promptly as specified in the section to ensure that the government has enough time to respond to the claim effectively. As such, someone who is seeking the return of their seized property must ensure that they serve their notice to the appropriate parties promptly. Another strategic consideration is the quality of the affidavit. The affidavit that accompanies the notice must be detailed and accurate, including all necessary information such as the description of the seized property and the circumstances surrounding its seizure. Additionally, the individual claiming ownership of the seized property must ensure that they provide sufficient information to support their claim and demonstrate that they are the lawful owner of the property. Moreover, the individual must be aware of their legal rights when dealing with this section of the Criminal Code of Canada. They must understand the legal requirements for the notice and affidavit and ensure they follow the process correctly. They must also have a solid understanding of the relevant legal provisions, including the rules regarding forfeitures, to make a strong case for the return of their property. Another essential strategy when dealing with this section of the Criminal Code of Canada is to seek legal advice. Obtaining legal assistance from a knowledgeable and experienced lawyer can help the individual navigate the complex legal requirements for the notice and affidavit. The lawyer can also help the individual understand their rights and obligations, advise them on the best strategies for making their case, and represent them in court if necessary. Lastly, the person claiming ownership of the seized property must maintain open lines of communication with the government authorities. They should ensure that they remain in contact with the Attorney General or Minister of Justice to whom the notice was served and be prepared to provide additional information if needed. In conclusion, Section 490.02903(3) of the Criminal Code of Canada is a crucial part of the Canadian criminal justice system. When dealing with this section, strategic considerations include timing, quality of affidavit, understanding legal rights, seeking legal advice, and maintaining open communication with government authorities. Employing these strategies can increase the chances of successfully claiming ownership of seized property.