INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the disposal or return of seized items that are perishable or likely to depreciate rapidly.

SECTION WORDING

490.01 Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing (a) may return it to its lawful owner or the person who is lawfully entitled to possession of it; or (b) where, on ex parte application to a justice, the justice so authorizes, may (i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or (ii) destroy it.

EXPLANATION

Section 490.01 of the Criminal Code of Canada is an important provision that governs the seizure, custody, and disposal of items that are seized under the Act. The section is designed to address situations where the seized property is perishable or likely to depreciate rapidly, and to ensure that the property is properly dealt with in a timely and efficient manner. Under this provision, the person who seized the property or any other person who has custody of it may return it to its lawful owner or the person who is lawfully entitled to possess it. This provision allows for the quick and easy return of property that does not need to be held as evidence or seized because it is perishable or likely to depreciate rapidly. Alternatively, if there is a need to dispose of the property or asset, an ex parte application can be made to a justice of the peace for authorization to dispose of it. The justice may authorize the disposal of the property on the condition that the proceeds of disposition are given to the lawful owner of the property. If the lawful owner cannot be identified, the proceeds of disposition are forfeited to Her Majesty, which means the government will take possession of the proceeds. Additionally, if the property seizure is closely related to an offence, the lawful owner may be a party to the offence, and their property may be subject to forfeiture. In such cases, the proceeds from the property disposal will be retained by the government to compensate for any damages caused by the offence. Overall, Section 490.01 of the Criminal Code of Canada is a crucial provision for ensuring the efficient and effective handling of seized property and assets. It allows for the quick return of non-evidentiary assets to their owners, and it provides clear guidance on how to dispose of perishable or rapidly depreciating property. By doing so, the section helps to maintain fairness and justice in Canada's legal system.

COMMENTARY

Section 490.01 of the Criminal Code of Canada allows for the disposal or return of seized property in certain circumstances. This provision exists to ensure that perishable or rapidly depreciating items can be taken care of without causing undue harm to the person or property involved. The section sets out two potential options for the disposal of seized items, depending on the situation. The first option is for the person with custody of the seized item to return it to its lawful owner or the person who is entitled to possession of the item. This option is straightforward and ensures that the item is returned to its rightful owner as soon as possible. It is particularly useful in cases where the seized item has little to no evidentiary value. For example, if police officers seize a carton of spoiled milk during a raid, it would be appropriate to return the milk to its owner rather than hold onto it as evidence. The second option outlined in the section is for the person with custody of the seized item to dispose of it or destroy it. This option is only available if the item is perishable or likely to rapidly depreciate. If the item can be sold, the proceeds of disposition must be given to the lawful owner of the item if they were not a party to an offence in relation to the thing. If the identity of the lawful owner cannot be ascertained, the proceeds must be forfeited to Her Majesty. If the item cannot be sold, it must be destroyed. The second option is particularly useful in cases where the seized item is related to an offence and there is no need for the item to be held as evidence. For example, if police officers seize a large amount of illegal drugs, it would be appropriate for them to dispose of the drugs as soon as possible to prevent them from being distributed on the streets. The option to dispose of seized items ensures that potential harm to individuals can be minimized and allows for swift actions to be taken to prevent further harm. Another benefit of section 490.01 is that it provides clear guidance for law enforcement officials on how to handle seized property. The section provides the necessary legal framework to ensure that officers can make decisions about how to handle perishable or rapidly depreciating items without fear of legal repercussions. Overall, section 490.01 of the Criminal Code of Canada plays an important role in providing guidance for law enforcement officials on how to handle seized property. It allows for swift action to be taken in situations where it is necessary to dispose of seized items, either by returning them to their owner or by destroying them. This section ensures that the potential harm caused by perishable or rapidly depreciating items can be minimized while also providing clarity to law enforcement officials.

STRATEGY

Section 490.01 of the Criminal Code of Canada is an important provision that governs the handling of seized property by law enforcement officials. This provision is designed to ensure that perishable or rapidly depreciating items are properly managed, and that the interests of both the owner and the state are protected. However, given the complexity of the rules governing the seizure and disposal of property under this section, it is essential to approach its application strategically to avoid unintended consequences or legal challenges. One strategic consideration when dealing with section 490.01 is the timing and manner of the seizure itself. If law enforcement officials suspect that an item may be perishable or rapidly depreciating, they must act quickly and decisively to prevent its loss or destruction. At the same time, they must ensure that the seizure is conducted lawfully, and that the rights of any affected parties, such as the lawful owner, are respected. This may involve obtaining a warrant or other authorization from a judge, or engaging in negotiations with the owner to secure their cooperation. Another important strategic consideration when dealing with section 490.01 is the management of seized property in a manner that minimizes the risks of loss or damage. Because perishable or rapidly depreciating items are often fragile or delicate, it may be necessary to take special precautions to ensure that they are properly stored and transported. This may involve the use of specialized packaging or storage facilities, or the deployment of specialized personnel with expertise in handling such items. A third strategic consideration when dealing with section 490.01 is the decision-making process around the disposal of seized property. If the item is deemed to be valuable, it may be possible to dispose of it through a sale or auction, with the proceeds going to the lawful owner or to the government. However, if the item is deemed to be of little or no value, it may be more appropriate to simply destroy it. This decision will depend on a number of factors, including the estimated value of the item, the likelihood of finding the lawful owner, and the cost and feasibility of storing and managing the item over the long term. To address these strategic considerations and effectively manage seized property under section 490.01, a number of strategies could be employed. These might include: 1. Developing clear policies and procedures for handling perishable or rapidly depreciating items, including guidelines for when and how to seize such items and how to manage them afterwards. 2. Establishing specialized training programs for law enforcement officials and other personnel involved in handling sensitive or valuable items, to ensure that they have the knowledge and skills needed to carry out these tasks safely and effectively. 3. Developing partnerships with industry experts or other organizations with expertise in managing sensitive or valuable items, to provide guidance and support in the handling and disposal of seized property. 4. Establishing communication channels with the owners of seized property or their representatives, to facilitate negotiations and ensure that their rights and interests are protected throughout the process. 5. Engaging in ongoing monitoring and evaluation of the handling of seized property under section 490.01, to identify areas for improvement and ensure that best practices are being followed.