Detention of things seized under 490 refers to the legal process of holding onto items that have been confiscated by authorities during an investigation. This can include anything from drugs and weapons to documents and electronic devices. The purpose of detention is to prevent the items from being destroyed or tampered with while the investigation is ongoing. Once the investigation is complete, the items may be returned to their owner or used as evidence in court. It is important to understand the laws and regulations surrounding detention of seized items to ensure that your rights are protected. If you are facing police seizure, it is important to seek legal assistance as soon as possible. Paul E. Briggs Law is here to help you navigate this difficult situation. Our experienced attorneys will work tirelessly to protect your rights and ensure that you receive fair treatment under the law. Contact us today to schedule consultation and learn more about how we can assist you.

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Section 490 of the Criminal Code of Canada states:

 

Detention of things seized

• 490 (1) Subject to this or any other Act of Parliament, where, pursuant to paragraph 489.1(1)(b) or subsection 489.1(2), anything that has been seized is brought before a justice or a report in respect of anything seized is made to a justice, the justice shall,

  • (a) where the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the detention of the thing seized is required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or

  • (b) where the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the thing seized should be detained for a reason set out in paragraph (a), detain the thing seized or order that it be detained, taking reasonable care to ensure that it is preserved until the conclusion of any investigation or until it is required to be produced for the purposes of a preliminary inquiry, trial or other proceeding.

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