Criminal Code of Canada - section 490.81(8) - When management order ceases to have effect

section 490.81(8)

INTRODUCTION AND BRIEF DESCRIPTION

A management order ends when confiscated property is returned to the owner or forfeited to the government.

SECTION WORDING

490.81(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

EXPLANATION

Section 490.81(8) of the Criminal Code of Canada establishes a provision governing the termination of management orders. This provision specifies that once the property that is the subject of a management order has been returned to the rightful owner in accordance with the law, or forfeited to the Crown, the management order will cease to have effect. A management order is a court order that allows law enforcement authorities to manage or control property that is suspected to be proceeds of crime, used in criminal activity, or intended to be used for criminal purposes. This includes assets such as money, vehicles, real estate, and other valuables. Management orders are issued to protect the property and prevent it from being dissipated or destroyed while investigations and court proceedings are underway. This helps to preserve assets that may later be subject to forfeiture, as well as to prevent their continued use in criminal activity. However, once the investigation or court proceedings have concluded and the lawful owner of the property has been identified, the property must be returned to them. Alternatively, if the property is found to be subject to forfeiture, it will be forfeited to the Crown. The provision in Section 490.81(8) ensures that the management order on the property is terminated once the property has been lawfully returned to its owner or forfeited to the Crown. This means that the authorities will no longer have any power to control or manage the property, and the lawful owner or the Crown will be free to do as they please with it. Overall, this provision is important in ensuring that property that is seized or managed by law enforcement authorities during criminal investigations is ultimately returned to its rightful owner or forfeited to the Crown, and that the management order is automatically terminated once this occurs.

COMMENTARY

Section 490.81(8) of the Criminal Code of Canada is an important provision that governs the applicability and life of a management order. Under the Code, a management order is an order issued by a court to manage seized property in criminal proceedings. The management order is aimed at preserving the property in question, ensuring that it is not damaged, destroyed, or lost, pending the final outcome of the criminal case. The property that may be subject to a management order includes real property, personal property, and proceeds of crime. Section 490.81(8) of the Criminal Code stipulates that a management order will cease to have any effect once the property that was the subject of the order has been returned to the applicant or forfeited to Her Majesty in accordance with the law. This provision, therefore, defines the conditions under which a management order can be terminated or cancelled. One of the ways in which a management order can be cancelled is when the property subject to the order is returned to the rightful owner. For instance, if the police seize a car belonging to a suspect in a crime and issue a management order to ensure that the car is not damaged while the case is ongoing, the management order will cease to exist once the car is returned to the suspect after the case is concluded. The return of the seized property can be ordered by a court or be done voluntarily by the applicant. On the other hand, a management order is terminated when the seized property is forfeited to Her Majesty, which in this case refers to the government. Forfeiture can occur either before or after the final determination of the criminal case. For instance, if the police seize cash believed to have been obtained through criminal activities and a management order is issued to manage the cash while the investigation is ongoing, the cash may later be forfeited to the government if it is proven to be proceeds of crime. In such cases, the management order will also cease to have any effect. Overall, section 490.81(8) of the Criminal Code of Canada provides clear guidelines on how management orders work and the conditions under which they can be terminated. The section is important in ensuring that seized property is managed appropriately and is returned to the rightful owner or forfeited as required by law. This provision should be understood and enforced by law enforcement agencies, the courts, and other relevant authorities to ensure that it serves its intended purpose.

STRATEGY

Section 490.81(8) of the Criminal Code of Canada deals with the management order and its effect on the property that is subject to it. A management order is a legal tool used in criminal proceedings to manage and retain property that is suspected of being related to or obtained through criminal activity. The order can be made by a judge or the Crown, and it can prevent the property from being sold, transferred, or disposed of until the criminal matter is resolved. Once the matter is resolved, the property can be returned to its rightful owner or forfeited to the government. When dealing with Section 490.81(8) of the Criminal Code of Canada, there are several strategic considerations that parties involved should keep in mind. One of the main strategic considerations is to ensure that the property subject to the management order is properly managed and safeguarded during the entire process. This can include ensuring the property is correctly stored, insured, and protected from damage or theft. Another strategic consideration is to ensure that the property is accurately and thoroughly documented throughout the process. This means maintaining a detailed inventory of the property, including its condition, value, and any other relevant information that may be needed. Accurate documentation can help to ensure that the property is returned to its rightful owner or forfeited to the government as per Section 490.81(8) of the Criminal Code of Canada. One strategy that could be employed when dealing with Section 490.81(8) of the Criminal Code of Canada is to work collaboratively with all parties involved in the management order process. This can include the owner of the property, law enforcement agencies, and legal counsel. By working together, parties can ensure that the property is effectively managed, and the process is completed in a timely and efficient manner. Another strategy that could be employed is to seek expert advice or assistance when needed. This can include consulting with legal counsel, financial advisers, or other professionals who have experience managing property that is subject to a management order. Expert advice or assistance can help to ensure that the property is managed effectively and that all parties involved are satisfied with the outcome. In conclusion, Section 490.81(8) of the Criminal Code of Canada is an important provision that regulates the management order process and outlines the circumstances under which a management order ceases to have effect. When dealing with this section, parties involved in the process should consider strategic considerations such as property management, accurate documentation, and collaboration with all parties involved. Strategies such as seeking expert advice or assistance may also be useful in ensuring that the process is effectively managed and completed in a satisfactory manner.