Criminal Code of Canada - section 462.32(1) - Special search warrant

section 462.32(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a judge, on application of the Attorney General, to issue a search warrant for property that may be subject to forfeiture under certain subsections.

SECTION WORDING

462.32(1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

EXPLANATION

Section 462.32(1) of the Criminal Code of Canada allows for the issuance of a search warrant to search for and seize property that is potentially subject to forfeiture under sections 462.37(1) or (2.01) or 462.38(2) of the Criminal Code. The basis for obtaining a search warrant under this section is reasonable grounds to believe that the property that is the subject of the warrant is related to a designated offence and is located within the jurisdiction of the judge who is considering the application for the warrant. The application for the warrant must be made by the Attorney General and must be supported by information that is sworn under oath in accordance with Form 1. The application itself must provide the judge with sufficient information to establish that there are reasonable grounds for believing that the property in question is related to a designated offence and is located within the province in which the judge has jurisdiction or another province. If the judge is satisfied that the criteria for issuing the warrant have been met, he or she may issue a warrant that authorizes a specific person or peace officer to search a building, receptacle, or place for the property in question and to seize it if it is found. The warrant may also authorize the person or peace officer to seize any other property that is believed to be subject to forfeiture under the applicable sections of the Criminal Code. Overall, section 462.32(1) is an important tool for law enforcement agencies in Canada to use when investigating and prosecuting designated offences. By allowing for the issuance of search warrants in these cases, the section helps to ensure that evidence related to criminal activity can be collected and used in court proceedings.

COMMENTARY

Section 462.32(1) of the Criminal Code of Canada is an important provision that enables law enforcement authorities and the Attorney General to seek a warrant from a judge to search a building, place, or receptacle where there are reasonable grounds to believe that there may be property in respect of which an order of forfeiture can be made under subsections 462.37(1) or (2.01) or 462.38(2). The provision is specifically targeted at designated offences committed within the jurisdiction of the judge in question. The objective of this section of the Criminal Code is to provide a mechanism to law enforcement authorities to prevent the proceeds of crime from being hidden or laundered through illegal means. The provision is an essential tool in the fight against organized crime, drug trafficking, and other forms of criminal activity that generate illicit profits. By allowing law enforcement authorities to seek a warrant to search specified locations for evidence related to the commission of a designated offence, this provision ensures that the province maintains a fair and just criminal justice system. The provision sets out specific requirements that must be met before a judge can issue a search warrant. First, information on oath in Form 1 must be presented to the judge. Form 1 requires a detailed description of the property that is sought and the reasons for the belief that the property is in the specified location. The judge must be satisfied that the information presented establishes that there are reasonable grounds to believe that the property sought is located in the specified building, receptacle, or place. Second, the provision requires that the applicable offences were committed within the jurisdiction of the judge. This requirement ensures that the warrant is issued only by a judge who is directly responsible for the adjudication of the case and who has an interest in the rule of law in their jurisdiction. Once a warrant is issued under this provision, the person named in the warrant or a peace officer is authorized to search the specified building, receptacle, or place for the property identified in the warrant. The person conducting the search must also seize any other property that they believe, on reasonable grounds, may also be the subject of an order of forfeiture under the relevant sections of the Criminal Code. It is important to stress the safeguards built into this provision. For example, the requirement that the judge be satisfied that there are reasonable grounds to believe that the property is located in the specified location ensures that the right against unreasonable search and seizure is protected. Additionally, the provision requires that the warrant be issued only by a judge who has jurisdiction in the relevant matter, to further ensure that the investigation is focused on the cases being adjudicated by the relevant court. In conclusion, section 462.32(1) of the Criminal Code of Canada plays a vital role in ensuring that law enforcement authorities have the necessary tools to detect and punish criminal activity and prevent the laundering of the proceeds of crime. The provision contains specific and well-defined requirements that must be satisfied before a warrant is issued, and this ensures that the rights of individuals are appropriately protected. The provision has been crucial in enforcing the rule of law and disrupting criminal activities that undermine it.

STRATEGY

Section 462.32(1) of the Criminal Code of Canada empowers law enforcement officers to obtain search warrants to access any property in which they have reasonable grounds to believe contains any property related to designated offences. These offences carry significant penalties, including the forfeiture of any items linked to the crime. While this provision is meant to deter criminal activities, it also poses an enormous challenge to defence counsel in cases involving property seizures. For defence counsel, there are numerous strategic considerations when attempting to respond to this provision of the Criminal Code. Firstly, the timing of the application made by the Attorney General to obtain the search warrant is an essential factor. The defence must be aware of this application and, if possible, block it as early as possible. This can be done by filing a notice of objection promptly. By doing so, the defence can prevent the prosecution from moving forward with the search, as the court must hear the defence's objections before making a determination. A defence strategy for challenging the search warrant may include showing that the grounds provided were insufficient or that the information used to obtain the warrant was improper or misleading. This is often a complex task, as it can require compiling a significant amount of evidence that contradicts the prosecution's claims concerning the ownership or use of the property. Nonetheless, if successful, it can result in the seizure being deemed as an illegal search, rendering any evidence found inadmissible. In this regard, it is critical that the defence team maintains close scrutiny of the actions of the prosecutor and the police's activities. Specifically, the defence must verify that the police acted within the boundaries of the law when conducting the search. The defence can scrutinize the evidence discovered and the details concerning how the items were found and collected. By doing so, the defence may be able to identify any procedural irregularities and contest the legitimacy of the search. Secondly, the defence could argue that the application made by the Attorney General was not prudent or necessary. Section 462.32(1) only permits the search and seizure of property if reasonable grounds exist to believe that the items seized were involved in the commission of a crime. In some cases, the prosecution may act without sufficient proof that the items seized are linked to the accused's alleged criminal activity. In this case, the defence could move to show that the search was merely a fishing expedition or a tool of harassment. Thirdly, the defence may argue that the search conducted was beyond the scope of the warrant. A warrant can only permit the police to search the defined area outlined in the warrant and for the defined items within the warrant, anything else undermines the reason for the warrant and may make any seized items inadmissible in court. In conclusion, the defence must be vigilant, diligent, and proactive when it comes to dealing with section 462.32(1) of the Criminal Code of Canada and any potential seizure of property. Strategies to be employed should be quick, and timing plays a critical factor. Ensure that the warrant's grounds were insufficient or misleading, scrutinize the actions of the prosecutor and the police's activities, and identify any procedural irregularities. Finally, argue that the search conducted was beyond the scope of the warrant or that the application made by the attorney general was not prudent or necessary. With these strategies in place, a defence counsel may be successful in ensuring your client is not unduly harmed by this provision of the Criminal Code of Canada.