Criminal Code of Canada - section 117.02(2) - Disposition of Seized Things

section 117.02(2)

INTRODUCTION AND BRIEF DESCRIPTION

Any item seized under subsection (1) shall be handled in accordance with sections 490 and 491.

SECTION WORDING

117.02(2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.

EXPLANATION

Section 117.02(2) of the Criminal Code of Canada outlines the procedure for the handling of evidence or property that has been seized pursuant to subsection (1). Essentially, it establishes that any items seized by law enforcement officers in accordance with the provisions of 117.02(1) must be dealt with in accordance with the rules set out in sections 490 and 491 of the Criminal Code. Section 490 sets out the general rules for the disposition of property seized or forfeited under the Criminal Code. This includes guidelines for the disposal, destruction, or retention of the seized property. The section also outlines the rights of the owner of the property, including the right to request its return if it is not needed as evidence in a criminal proceeding. Section 491, on the other hand, deals specifically with the forfeiture of property in connection with certain criminal offenses. This section allows for the seizure and forfeiture of property that has been used in, or obtained as a result of, certain offenses, such as drug trafficking, organized crime, or proceeds of crime. The section outlines the procedure for determining whether property should be forfeited and the rights of any innocent third parties with an interest in the property. Overall, section 117.02(2) ensures that any items seized in connection with suspected terrorist activities are handled in accordance with the established rules and procedures for dealing with seized property under the Criminal Code. This helps to ensure that the rights of individuals and innocent third parties are protected, while also allowing law enforcement agencies to effectively investigate and prosecute terrorist offenses.

COMMENTARY

Section 117.02(2) of the Criminal Code of Canada is a crucial provision that regulates the seizure of items related to terrorist activities. This section lays out the procedure to be followed after the police, pursuant to subsection (1), have seized an item that they have reasonable grounds to believe is related to a terrorist offense. Subsection (2) stipulates that any thing seized, either from a person or a place, must be dealt with using the outlined procedures in sections 490 and 491. Section 490 deals with the duty of authorities in cases of seizure and forfeiture of property related to criminal offenses. The section is structured in a way that describes the procedure to be followed when the police seize an item believed to be related to terrorist activities. For instance, subsection (1) requires that the police notify all interested parties of the seizure of property within 60 days of the seizure. The section also allows for a judicial review of the seizure, with the court having the power to cancel or extend the notice or direct the authorities to deliver the seized property to the court. Section 491, on the other hand, outlines the procedure for the disposal or retention of seized property. This section states that items seized by the police may be retained, returned, or disposed of based on different scenarios. For instance, subsection (2) allows seized items to be returned if the court or the relevant authorities are satisfied that the property is neither evidence related to an offense nor to be used for an offense. The importance of this section cannot be overstated. The seizure of items related to terrorist activities may be critical in preventing future attacks or gathering evidence for a conviction. However, in some cases, the seizure of personal property may be unwarranted or too broad in scope. Therefore, sections 490 and 491 of the Criminal Code of Canada provide crucial safeguards to ensure that the proper procedure is followed and that the rights of affected individuals are protected. Section 117.02(2) also aligns with the overarching principles of criminal justice, which require that procedures and safeguards are in place to prevent arbitrary action, abuse of power, and human rights violations. By subjecting any seizure related to terrorist activities to the outlined procedures in Sections 490 and 491, Section 117.02(2) ensures that the seizure is justified, necessary, and proportionate. For instance, section 490(3) provides for the opportunity for an interested party to appear before the court to contest the seizure. This promotes transparency and accountability, by allowing the affected individuals to voice their concerns and request the return of their property. In conclusion, Section 117.02(2) of the Criminal Code of Canada provides critical safeguards and procedures when seizing items related to terrorist activities. By ensuring compliance with Sections 490 and 491, the provision ensures proper and transparent procedures are followed, protecting the rights of affected individuals and promoting the rule of law. As such, this provision is essential in counter-terrorism efforts while maintaining the civil liberties and human rights of individuals.

STRATEGY

Section 117.02(2) of the Criminal Code of Canada is an important provision that specifies how things seized under this section should be dealt with. This section empowers law enforcement officials to seize firearms, weapons, ammunition, or explosives from individuals who have been deemed unfit to possess them. This section plays a crucial role in public safety and is a tool used to prevent individuals who may pose a serious risk from possessing such dangerous items. However, there are strategic considerations that must be kept in mind when dealing with this section of the Criminal Code of Canada. The first strategic consideration when dealing with this section is the timing of the seizure. It is important to seize the item before any harm can be done, but at the same time, the seizure should not be premature. It is essential to ensure that there is enough evidence to justify the seizure. This means that it is also important to have a proper understanding of what constitutes a risk and to gather enough intelligence about the individual before executing the seizure. Another strategic consideration when dealing with this section is the communication between law enforcement officials and the public. The public must have trust and confidence in law enforcement officials to understand why a seizure is necessary. Therefore, it is important to communicate clearly and effectively about the reasons for the seizure and the consequences of the individual's actions that led to the seizure. Law enforcement officials must be transparent and accountable to the public for their actions and decisions under this section. One strategy that could be employed is to gather intelligence on individuals whom law enforcement officials believe may be at risk of posing a danger to the public by possessing firearms, ammunition, or explosives. Law enforcement officials can then use this intelligence to build a case to justify the seizure of the item. Additionally, developing relationships with communities and fostering trust can help in gathering intelligence. Another strategy that could be employed is to educate the public on the risks of possessing firearms, ammunition, or explosives and the potential consequences of their actions if they are found to be in breach of the law. This can help in raising awareness about the importance of public safety and encourage individuals to report any suspicious activities. Overall, Section 117.02(2) of the Criminal Code of Canada requires law enforcement officials to be strategic and calculated in their actions when dealing with individuals deemed to be unfit to possess firearms, ammunition or explosives. The risks of getting this wrong are high, hence the need to have a well-planned and executed approach to minimize harm and maintain public safety. By gathering intelligence, building trust and communicating effectively, law enforcement officials can effectively implement this section for the good of the public.