Application to extend period of detention of items seized

Application to extend period of detention of items seized

The Court found it could, pursuant to the rulemaking power under s.482 and the Provincial Court Rules, dispense with the s.490(2) notice requirement where notice would jeopardize an ongoing sealed investigation; on the affidavit evidence that notification would compromise the investigation, the Court authorized an...

Source-derived case information.

Citation
2021 NSPC 56
Parties
Applicant: Nova Scotia Public Prosecution Service; Interested Parties: Persons from whom items were seized
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 June 2021
Procedural Posture
Criminal Application Under S.490(1)(b) Criminal Code / Hearing and Decision on Application
Outcome
Application granted: in‑camera ex‑parte proceeding authorized; Detention Orders extended up to one year from date of seizure; materials filed in support sealed and stored securely.
Legal Topics
Detention of Seized Items, General Warrant, Sealing Orders, In Camera Proceedings, Ex Parte Applications, Notice Requirements
Source Language
english
Criminal Law Search and Seizure Procedural Law Detention of Seized Items General Warrant Sealing Orders In Camera Proceedings Ex Parte Applications +1 more

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Parties

Nova Scotia Public Prosecution Service

Applicant

Persons from whom items were seized

Interested Parties

Procedural Posture

Criminal Application Under S.490(1)(b) Criminal Code / Hearing and Decision on Application

Legal Issues

  1. 1 Whether the application can and should proceed in-camera and without notice to interested parties
  2. 2 Whether the Detention Orders for the items seized should be extended

Ratio Decidendi

The Court found it could, pursuant to the rulemaking power under s.482 and the Provincial Court Rules, dispense with the s.490(2) notice requirement where notice would jeopardize an ongoing sealed investigation; on the affidavit evidence that notification would compromise the investigation, the Court authorized an in‑camera ex‑parte hearing, ordered continued detention of the seized items for a period not exceeding one year from seizure subject to specified exceptions, and ordered all supporting materials sealed and stored securely.

Court Disposition

Application granted: in‑camera ex‑parte proceeding authorized; Detention Orders extended up to one year from date of seizure; materials filed in support sealed and stored securely.

Orders

  • The application shall proceed in‑camera and without notice to the interested parties
  • The Detention Order is extended for a period not exceeding one year from the date of seizure unless proceedings are instituted in which the things detained may be required, or consent pursuant to s.490(3.1) is given, or a Supreme Court judge orders further detention beyond one year