Criminal Code of Canada - section 490.81(3)

section 490.81(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section grants power to manage and dispose of property, including making interlocutory sales of perishable property and destroying property with little to no value.

SECTION WORDING

490.81(3) The power to manage or otherwise deal with property under subsection (1) includes (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and (b) in the case of property that has little or no value, the power to destroy that property.

EXPLANATION

Section 490.81(3) of the Criminal Code of Canada is a provision that gives the authorities certain powers to deal with property that is seized during a criminal investigation. This section allows the authorities, who have control over the seized property, to manage and dispose of it according to certain conditions. There are two specific conditions that are mentioned in section 490.81(3) for dealing with property. The first condition, under subsection (a), relates to perishable or rapidly depreciating property. In such cases, the authorities have the power to make an interlocutory sale of that property. This means that they can sell the property quickly, before it loses its value, and they can use the proceeds to pay off any outstanding debts or expenses. The second condition, under subsection (b), relates to property that has little or no value. In such cases, the authorities have the power to destroy that property. This means that they can dispose of the property by destroying it, rather than storing it or keeping it in a state of disrepair. The purpose of section 490.81(3) is to ensure that the authorities have the necessary powers to manage and dispose of seized property in an efficient manner. By allowing the authorities to sell or destroy property that is perishable, rapidly depreciating or has little or no value, it ensures that the property is not wasted and that the authorities do not incur unnecessary expenses. Overall, section 490.81(3) of the Criminal Code of Canada is an important provision that gives the authorities the necessary powers to deal with seized property in a responsible and efficient manner.

COMMENTARY

Section 490.81(3) of the Criminal Code of Canada provides for the power granted to authorities to manage and deal with property that has been seized pursuant to a criminal investigation or proceeding. This section outlines two main provisions, namely the power to make an interlocutory sale of perishable or rapidly depreciating property, and the power to destroy property that has little or no value. The power to make an interlocutory sale of perishable or rapidly depreciating property is a necessary provision as such property may lose value quickly and become worthless if not dealt with in a timely manner. This provision gives authorities the necessary flexibility to sell such property to recover the proceeds of the sale while it still retains some value. The provision is particularly important in cases where the property has a limited shelf life, such as drugs or food products, or depreciates quickly, such as electronics or vehicles. The power to destroy property that has little or no value is also necessary as it enables authorities to dispose of such property without incurring additional costs or storage fees. Additionally, it may be more cost-effective to destroy certain property than to attempt to sell it, particularly if the property is damaged, unsellable, or hazardous. This provision allows authorities to avoid wasting resources on storing and maintaining valueless property and to instead focus on more productive efforts. Both provisions are subject to judicial oversight, as they require an application to the court for authorization. This ensures that any sale or destruction of property is done in accordance with the law, and that the rights of the owner are respected. It also provides an avenue for the owner to challenge the decision of the authorities and seek redress if necessary. Overall, section 490.81(3) of the Criminal Code of Canada strikes a reasonable balance between the needs of law enforcement to effectively manage seized property and the rights of property owners. It allows authorities to act in a practical and efficient manner while still upholding the principles of due process and fairness. However, it is important that such powers are used judiciously and with proper oversight to prevent abuse and ensure accountability.

STRATEGY

Section 490.81(3) of the Criminal Code of Canada provides clear guidelines to law enforcement officials and courts on how to manage property that is seized as part of a criminal investigation. Specifically, the section authorizes the authorities to deal with the property in various ways, including making an interlocutory sale in the case of perishable or rapidly depreciating property or destroying the property in the case of items that have little or no value. However, to ensure that the authorities make the most of this provision, there are several strategic considerations that should be taken into account. Firstly, it is essential to understand the scope of Section 490.81(3) and the types of property that fall under its purview. Perishable or rapidly depreciating property that may be subject to interlocutory sale may include items such as food, plants, or anything that has a limited lifespan. Property that has little or no value that may be consigned to destruction may be items like junk metals, obsolete machinery, or other similar items. By understanding these categories, the authorities can make a more informed decision on how to deal with the property in question. Another strategic consideration is the potential impact of an interlocutory sale or property destruction on the innocent parties. In some instances, the property in question may belong to third-party individuals who are not involved in criminal activities. In such cases, the authorities need to ensure that they take reasonable steps to safeguard the interests of these individuals. For instance, they may have to provide notice to the affected parties or involve them in decision-making processes to avoid any accusations of unfairness or impropriety. Furthermore, to optimize the benefits of Section 490.81(3), law enforcement officers and prosecutors should employ a proactive approach to property management. For instance, they should first ascertain the value and condition of the property to determine whether it falls under the categories described in the section. In cases of perishable property, such as drugs, law enforcement may need to securely store the property until it is produced in court as evidence, sold to appropriate parties, or otherwise disposed of. Effective strategies for managing seized property can also include designing systems for tracking, mirroring good governance practices, and building checks and balances into the process. Finally, the authorities can also consider using Section 490.81(3) to deter criminal activities. In cases where the property in question has been used or acquired for unlawful purposes, disposing of it at minimal or no value sends a clear message to would-be offenders that they will have nothing to gain by engaging in criminal activities knowing that the profit they might generate will be destroyed. Such actions can also assist in keeping the overall justice system operating in a more expedient manner, rather than clogging up the system. In conclusion, Section 490.81(3) of the Criminal Code is a powerful tool that can assist law enforcement agencies and the courts to manage seized property. However, to derive maximum benefit from this provision, strategic considerations such as understanding the scope of the section, safeguarding the interests of innocent parties, proactive property management, and deterrence to criminal activities, among others, should be taken into account when utilizing it.