Application (Ex Parte) to Extend Period of Detention of Items Seized

Application (Ex Parte) to Extend Period of Detention of Items Seized

In narrow circumstances involving covert and active investigations where giving the statutory notice would create a real risk of material harm to the investigation or safety of persons, a superior court has residual authority to waive the s.490 notice requirement and permit a s.490 extension application to proceed ex parte, provided the Crown meets a high evidentiary threshold and exercises full candour with the court.

Citation
2025 NSSC 72
Parties
Applicant/crown: Attorney General of Nova Scotia; Investigator: Royal Canadian Mounted Police; Respondent/owner of Seized Property: Unknown/Redacted Suspect; Affiant/investigating Officer: Corporal Jennifer Tichonchuk
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 February 2025
Procedural Posture
Ex Parte Application Under S. 490 Criminal Code to Extend Detention of Seized Items / Threshold Decision on Whether the S.490 Extension Application May Proceed Without Notice (decision to Permit Ex Parte Proceeding)
Outcome
Application to proceed without notice granted; waiver of notice authorized and application permitted to proceed ex parte
Legal Topics
Section 490 Criminal Code, Detention of Seized Items, Waiver of Notice, Ex Parte Proceedings, Residual/inherent Jurisdiction, Covert Investigations
Source Language
English
Criminal Procedure Evidence Judicial Review / Inherent Jurisdiction Section 490 Criminal Code Detention of Seized Items Waiver of Notice Ex Parte Proceedings Residual/inherent Jurisdiction +1 more

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Parties

Attorney General of Nova Scotia

Applicant/crown

Royal Canadian Mounted Police

Investigator

Unknown/Redacted Suspect

Respondent/owner of Seized Property

Corporal Jennifer Tichonchuk

Affiant/investigating Officer

Procedural Posture

Ex Parte Application Under S. 490 Criminal Code to Extend Detention of Seized Items / Threshold Decision on Whether the S.490 Extension Application May Proceed Without Notice (decision to Permit Ex Parte Proceeding)

Legal Issues

  1. 1 Whether a superior court has residual authority to waive the s.490(2)/(3) notice requirement and permit an extension application to proceed ex parte where giving notice would materially harm a covert homicide investigation

Ratio Decidendi

In narrow circumstances involving covert and active investigations where giving the statutory notice would create a real risk of material harm to the investigation or safety of persons, a superior court has residual authority to waive the s.490 notice requirement and permit a s.490 extension application to proceed ex parte, provided the Crown meets a high evidentiary threshold and exercises full candour with the court.

Court Disposition

Application to proceed without notice granted; waiver of notice authorized and application permitted to proceed ex parte

Orders

  • Waiver of the s.490(2)/(3) notice requirement granted in these circumstances
  • The Crown may proceed with the s.490 extension application on an ex parte basis