section 489.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

Non-peace officers must promptly report or bring seized items before a justice in accordance with the Act or other legislation.

SECTION WORDING

489.1(2) Subject to this or any other Act of Parliament, where a person, other than a peace officer, has seized anything under a warrant issued under this Act or under section 487.11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable, (a) bring the thing seized before the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, before a justice having jurisdiction in respect of the matter, or (b) report to the justice referred to in paragraph (a) that he has seized the thing and is detaining it or causing it to be detained, to be dealt with by the justice in accordance with subsection 490(1).

EXPLANATION

Section 489.1(2) of the Criminal Code of Canada outlines the protocol for individuals who have seized items or materials under a warrant issued under this Act or in the execution of duties under any other Act of Parliament if they are not peace officers. It mandates that such people must bring the seized item before the justice who issued the warrant as soon as is practicable. If no warrant was issued, they must take the seized item to a justice having jurisdiction in respect of the matter. Alternatively, they can report to the justice mentioned earlier that they have seized the item and are detaining it until further instructions. The justice can then either release the seized item or detain it further after a hearing. This provision is essential to ensure that individuals do not abuse their power when seizing items, particularly in the context of investigations and law enforcement. It reinforces the importance of due process and the need to follow established protocols when it comes to handling seized items. The law acknowledges that there may be instances when individuals other than peace officers seize items in the execution of their duties, and this provision ensures that such individuals still abide by the laws that regulate the seizure and detention of items. Overall, this section helps ensure that the justice system operates effectively while safeguarding the rights and interests of all parties involved.

COMMENTARY

Section 489.1(2) of the Criminal Code of Canada deals with the matter of seizure of items by individuals who are not peace officers. This section lays out the procedure that must be followed in case anything is seized by a person who is not a peace officer under a warrant issued under this Act or under section 487.11 or 489 or in the execution of duties under this or any other Act of Parliament. The section mandates that the person who has seized the thing should bring it before the justice who issued the warrant or some other justice for the same territorial division, as soon as practicable. If no warrant was issued, then the thing seized must be brought before a justice having jurisdiction in respect of the matter. Alternatively, the person may also report to the justice referred to above that he has seized the thing and is detaining it or causing it to be detained, to be dealt with by the justice in accordance with subsection 490(1). This section of the Criminal Code of Canada is essential to ensure that the rights of individuals are protected and that the authorities act in accordance with the law. By laying out the procedure that must be followed in case of seizure, the section ensures that there is accountability in the system. The section makes it clear that only peace officers have the power to execute warrants, and individuals who are not peace officers must follow the prescribed procedure in case of seizure. This ensures that there is no misuse of power by individuals who are not authorised to carry out such actions. The fact that the section mandates the thing seized to be brought before the justice who issued the warrant or some other justice for the same territorial division, as soon as practicable, is crucial. This ensures that the seized item is not held for an extended period without justification. The justice must deal with the seized item in accordance with the law, and this ensures that the rights of individuals are protected. The section also mandates that the person who has seized the thing can report to the justice that he has seized the thing and is detaining it or causing it to be detained, to be dealt with by the justice in accordance with subsection 490(1). This allows for flexibility and ensures that the justice can take appropriate action in accordance with the law. In conclusion, section 489.1(2) of the Criminal Code of Canada plays a vital role in ensuring that the rights of individuals are protected and that the authorities act in accordance with the law. This section is crucial in ensuring that there is accountability in the system and that individuals who are not authorised to carry out such actions do not misuse their power. The fact that the section mandates prompt action in case of seizure ensures that individuals' rights are protected, and justice is served in accordance with the law.

STRATEGY

Section 489.1(2) of the Criminal Code of Canada outlines the responsibilities of individuals who seize anything under a warrant issued under the Act or other Acts of Parliament. The section requires that such individuals bring the seized thing before the justice who issued the warrant, or report to the same or another justice for the same territorial division. Failure to comply with this requirement is a criminal offence under subsection 145(1)(a) of the Criminal Code. Given the significance of compliance with this legal provision, it is important for law enforcement agencies and other relevant authorities to consider some strategic factors when dealing with this section of the Criminal Code. One key strategic consideration is the need to ensure that all individuals involved in the execution of duties under this or any other Act of Parliament are aware of the requirements of the section and the consequences of non-compliance. Another consideration is the need to establish clear lines of communication and coordination among all stakeholders involved in the execution of duties that may result in the seizure of items. To this end, law enforcement agencies may need to develop appropriate protocols for the handling and transfer of seized items, and ensure that all such protocols are widely understood and adhered to. Effective training is also essential to ensure that all relevant personnel have the requisite knowledge and skills to comply with the requirements of the section. This may involve training in various aspects of the law, as well as practical training on the handling and transfer of seized items. From a legal perspective, it is also important to consider the potential consequences of non-compliance with this section. Failure to comply with the requirements of the section can result in criminal charges, as well as potential civil liability if the failure to comply results in damage or loss to a person whose property has been seized. Some strategies that could be employed to ensure compliance with this section of the Criminal Code include the use of technology to facilitate the reporting and transfer of seized items, the establishment of clear protocols for the handling and transfer of seized items, and the implementation of robust training programs for all relevant personnel. Additionally, it may be necessary to engage in ongoing monitoring and auditing to ensure continued compliance and identify areas for improvement. In conclusion, compliance with Section 489.1(2) of the Criminal Code of Canada is essential for ensuring the integrity of the justice system and protecting the rights of individuals whose property has been seized. Addressing these strategic considerations can help to promote compliance and improve the overall effectiveness of law enforcement efforts.