section 490.8(6)

INTRODUCTION AND BRIEF DESCRIPTION

A copy of a restraint order must be served to the person it is addressed to, in a manner directed by the judge or in accordance with court rules.

SECTION WORDING

490.8(6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.

EXPLANATION

Section 490.8(6) of the Criminal Code of Canada relates to the service of a restraint order which is made under section 490.8. This section deals with the powers of the court to issue a restraint order in relation to property that is believed to be proceeds or an instrument of crime, or property that is being used for criminal purposes. When a judge makes a restraint order, it is necessary to serve a copy of the order on the person to whom the order is addressed. The manner in which the order is served can be directed by the judge who made the order, or it can be served in accordance with the rules of the court. The purpose of serving the order on the person to whom it is addressed is to ensure that they are aware of the restrictions that have been placed on the property involved. The order may require the person to refrain from dealing with the property, or to take steps to preserve the property. The service of the restraint order is an important aspect of the process because it ensures that the rights of the person are protected. They have an opportunity to understand the restrictions that have been placed on the property and to take steps to comply with the terms of the order. In summary, section 490.8(6) of the Criminal Code of Canada sets out the requirements for service of a restraint order, and it ensures that the person to whom the order is addressed is given an opportunity to comply with the terms of the order.

COMMENTARY

Section 490.8(6) of the Criminal Code of Canada deals with the service of a restraint order made under this section. Restraint orders are orders made by a judge to freeze or seize property, as well as prohibit activities or transactions related to that property. These orders are commonly used in cases involving organized crime, money laundering, fraud, and other serious criminal offenses. The purpose of the order is to prevent any dealings with the property in question, which could potentially be used to facilitate or profit from criminal activity. According to the section, a copy of the restraint order made under this section shall be served on the person to whom the order is addressed. The order must be served in any manner directed by the judge making the order or in accordance with the rules of the court. It is important to note that the order does not come into force until it has been served on the person to whom it is addressed. The term "service" in this context refers to the formal delivery of the order to the appropriate party. The manner of service can vary, depending on the circumstances of the case. The judge making the order may direct that the order be served in a particular way, such as by registered mail, personal service, or email. Alternatively, the order may be served in accordance with the rules of the court, which set out the formal requirements for service. The purpose of requiring service of the order is to ensure that the person to whom the order is addressed is aware of its existence and its terms. This is important because the order can have significant implications for the person's property rights and activities. For example, if the order prohibits a person from dealing with a certain property, they may be unable to conduct their business or personal affairs in the usual manner. By serving the order, the person is informed of their obligations under it and can take appropriate steps to comply. It is also worth noting that failure to comply with a restraint order can result in serious consequences, including fines, imprisonment, and forfeiture of property. It is therefore important for the person to whom the order is addressed to take the order seriously and seek legal advice if necessary. Overall, Section 490.8(6) of the Criminal Code of Canada provides the legal framework for the service of restraint orders. By requiring formal service of the order, the section ensures that the person to whom the order is addressed is aware of its terms and can take appropriate steps to comply. This, in turn, allows for the effective use of restraint orders in preventing and combating serious criminal activity.

STRATEGY

Section 490.8(6) of the Criminal Code of Canada regulates the service of a restraint order made under this section. The purpose of this provision is to ensure that the person to whom the order is addressed is aware of the order and its content. This is important, as a restraint order can have significant consequences on an individual's property and financial interests. When dealing with Section 490.8(6), there are several strategic considerations that need to be taken into account. Firstly, it is crucial to obtain the correct contact information for the person to whom the order is addressed. This may involve conducting research and engaging the services of a private investigator. Once the contact information has been obtained, the next consideration is the manner in which the order should be served. The judge making the order may provide specific directions on how the order should be served, or it may be necessary to follow the rules of the court. This may involve serving the order in person, by mail, or by electronic means. Another strategic consideration is the timing of the service. Ideally, the order should be served as soon as possible after it has been made. This ensures that the individual is aware of the order before they have the opportunity to dispose of any assets or take any other steps to frustrate the order. When considering strategies that could be employed in relation to Section 490.8(6), there are several options available. For example, it may be possible to seek an order for substituted service if the person to whom the order is addressed cannot be located or is evading service. This may involve serving the order on a family member, friend, or business associate of the individual. Another strategy is to seek an order for publication of the order. This may be appropriate where other methods of service have been unsuccessful, or where the individual is located overseas. Publication may involve placing an advertisement in a newspaper or other publication that is likely to come to the attention of the individual. In conclusion, Section 490.8(6) of the Criminal Code of Canada regulates the service of a restraint order and is an important provision in protecting the property and financial interests of victims. When dealing with this section, it is important to consider the strategic options available, including obtaining the correct contact information, determining the most appropriate manner of service, and considering alternative methods of service where necessary.