02-19 Report to a Justice/Return to a Search Warrant/Order for Continued Detention

Question 1

Subsection 489.1 of the Criminal Code (CC) legislates that a Form 5.2 is required as soon as is practicable every time
property is seized by a peace officer, with or without warrant:

Answer 1

 in the execution of duties under the CC, or
 any other Act of Parliament
This includes the seizure of drugs or any motor vehicle, with or without a warrant. There are no exceptions outside of the
exception outlined below for delaying the submission of a Form 5.2. Any delay may result in the evidence being excluded
from trial. All Form 5.2’s shall be included in the related eReport no later than fourteen (14) days from the date the property
was seized.
The only exception to this is when drugs are purchased from a suspect during the course of an undercover investigation.
The Public Prosecution Service of Canada (PPSC) has given guidance which states that undercover drug purchases are
neither searches nor seizures within the meaning of s. 8 of the Constitution Act, Part I, Canadian Charter of Rights and
Freedoms (Charter). Undercover drug purchases are not considered searches as those who engage in drug trafficking have
no reasonable expectation of privacy in their dealings with customers. Additionally, the essence of a seizure under s. 8 of
the Charter is the taking of a thing from a person by a public authority without that person’s consent, thus undercover drug
purchases are not seizures given the consensual nature of drug trafficking transactions.
In circumstances where a search warrant was executed and no items were seized, officers are still required to complete
and submit a Form 5.2

Question 2

Police officers are advised that found property is governed by the Community Safety and Policing Act (CSPA). The following
are the retention periods for found property.

Answer 2

 Motor vehicles as defined in the Highway Traffic Act (HTA) or a bicycle: thirty (30) consecutive days
 all other general property: ninety (90) consecutive days
Finders of property listed above are able to claim the found property within a seven (7) consecutive day grace period,
provided the retention period has expired and the lawful owner cannot be ascertained.

Question 3

The detention of seized property where no charges are laid shall not exceed three (3) months from the date of seizure.

Answer 3

When further detention of the seized property is required beyond the three (3) month period, a TPS 143 shall be completed
after three (3) days’ clear notice was served to the person from whom the item detained was seized, via a TPS141.
The cumulative period of detention shall not exceed one (1) year from the date of the seizure.

Question 4

In the case of a telewarrant or a eTelewarrant shall submit the Form 5.2 in the same jurisdiction where the search
warrant was executed as soon as is practicable, but not exceeding

Answer 4

seven (7) days from the date the property was seized

Question 5

Where an application for an Order for Continued Detention of property seized is required shall

Answer 5

 give notice to the court by completing a TPS 141, in triplicate, no later than thirty (30) days prior to the expiration
of the current Order for Detention, ensuring the next available Hearing date is used
 serve a copy of the TPS 141 at least three (3) business days (weekends and statutory holidays excluded) before
the date of the Hearing on the
 person from whom the property was seized, or
 lawful owner of the seized property, when ascertainable, or
 the parent, adult relative or other adult (refer to Youth Criminal Justice Act), when a young person has been
served with a “Notice of Hearing”
 if a search warrant was issued, provide the following documents to the court location where the search warrant was
issued and/or the Form 5.2 was filed, at least two (2) days prior to the Hearing date
- a copy of the original crown envelope, containing
- a copy of the original search warrant and appendices, if applicable
- a copy of the original TPS 143
- a copy of the synopsis from the eReports outlining
- the location of the search
- the date and time of the search
- the accused name and a list of charges laid, or the name of the suspect and a list of charges
pending, if known
- the connection between any property seized and charges laid or charges pending
- the reason the property needs to be held
 appear before the Justice at the court with
 a copy of the TPS 141
 the original search warrant crown envelopeand/or eBrief containing the above mentioned documents, if
applicable and,
- a TPS 143, in duplicate
- a copy of the original Form 5.2 and appendices, if applicable
 after the TPS 143 has been signed by the Justice
- scan a copy of the TPS 141and signed TPS 143 to the applicable eReport
- update the PDI application for each related piece of property