Report to a Justice

Question 1

A Report to a Justice (Form 5.2) is required by

Answer 1

the Criminal Code (CC) every time property is seized by a peace officer with or without warrant.

Question 2

Section ___ of the Controlled Drugs and Substances Act (CDSA) requires that a Form 5.2 be completed for drug seizures.

Answer 2

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Question 3

Under the Provincial Offences Act (POA), ______ is required for property seized under the authority of a search warrant, or when property is seized in a warrantless search during the performance of an officer’s duties under a Provincial Offences Statute, and where no procedure for dealing with the seized thing is otherwise provided by law.

Answer 3

a Return to a Search Warrant (TPS 130)

Question 4

A Form 5.2 is an

Answer 4

official document, presented during a hearing to a Justice, indicating the results of a search conducted (with or without warrant) and/or property seized. The Justice will determine the disposition of property seized and will hear requests for an Order for Continued Detention.

Question 5

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

Answer 5

 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.

Question 6

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. ___ of the Constitution Act,

Answer 6

8

Question 7

All applications for the detention of property seized shall be made to a Justice at the appropriate court location between

Answer 7

0900 and 1600 hours, Monday to Friday (weekends and statutory holidays excluded).

Question 8

Seizure of Weapons, Firearms and Ammunition
In addition to this Procedure, officers shall comply with Procedures 04–21 and 05–21 when seizing weapons, firearms and ammunition under ss.

Answer 8

117.02, 117.03 and 117.04 of the CC.

Question 9

Disposition of Property

The police officer may elect to manage seized property in the following manner

Answer 9

 return the property to the lawful owner, if no charges have been laid and there is no dispute as to who is lawfully entitled to possession of the thing seized
 hold for further investigation, where charges are pending or no charges laid and includes abandoned property
 continued detention of seized property where charges are laid and the seized property is required for further investigation, preliminary inquiry, trial or other proceeding
The police officer shall consult with a crown attorney for direction on the return of property which was seized as evidence, prior to returning any property to the lawful owner.

Question 10

Retention of Found Property
Police officers are advised that found property is governed by the Police Services Act (PSA). The following are guidelines for retention:

Answer 10

 found bikes: 30 consecutive days
 all other general property: 90 consecutive days
Finders of property listed above are able to claim the found property within a 7 consecutive day grace period, provided the retention period has expired and the lawful owner cannot be ascertained.

Question 11

Members who may file a Report to a Justice (Form 5.2)
When a search warrant had been executed, the officer completing the Form 5.2 and attending a Report to a Justice Hearing may include:

Answer 11

 affiant of the search warrant
 case manager
 exhibits officer
 seizing officer.

Question 12

Order for Continued Detention is no longer required when seized property has

Answer 12

 been entered as an exhibit at a preliminary inquiry, trial or other legal proceeding or
 where charges are laid

Question 13

In circumstances where it is necessary to detain property beyond 1 year, an application for continued detention shall be made before a Superior Court Justice. Such applications will be made through

Answer 13

the Office of the Crown Attorney. Legal Services (LSV) is available to provide assistance and direction to the case manager on this process.

Question 14

Officers may use a common informant to file the Form 5.2 when property has been seized without a warrant and

Answer 14

 the accused is held for a show cause hearing
 the accused is released on a Form 9 or Form 10
 charges are laid and/or proceeding by way of a Criminal Summons
 charges are pending.

Question 15

In the case of a telewarrant shall file the Form 5.2 in the same ____ where the search warrant was executed.

Answer 15

jurisdiction

Question 16

When attending a Report to a Justice Hearing shall

Answer 16

 complete an crown envelope in compliance with Procedure 12–01. Mark in red on the front ‘Report to a Justice’ and insert a copy of
 the search warrant and appendices
 the synopsis from the eReport outlining
 the location of the search
 the date and time of the search and seizure
 the accused name, a list of charges laid, or the name of the suspect, if known and a list of charges pending
 the connection between any property seized and charges laid or charges pending
 the disposition of property seized, including the reason any property is required to be held
 when a search warrant was executed, complete a Form 5.2 with warrant, and appendices if applicable, forthwith
 when property is seized without warrant, complete a Form 5.2 without warrant or Form 5.2 without Warrant – Common Informant, and appendices if applicable, forthwith
 make 2 copies of the Form 5.2 and note at the top of each form which is the original and which are the copies

Question 17

Once the Justice and the member have signed and dated the Form 5.2 and copies shall

Answer 17

 file the original signed Form 5.2 at the court, attached to the original Information, if applicable
 place 1 copy of the signed Form 5.2 into the crown envelope to ensure it will be available for disclosure within 14 days for Federal cases and 28 days for all other cases, from date of charge, if applicable
 send 1 copy of the signed Form 5.2 to the Case Manager via inter–departmental mail, if applicable
 e-mail all the information on the Form 5.2 to the Property & Video Evidence Management Unit (PVEMU) and the Case Manager, if applicable, using the Form 5.2 E-mail Template to: Report to a Justice – PPB/TPS
- The Form 5.2 E-mail Template can be saved then e-mailed to the PVEMU.

Question 18

If a Justice refused to sign a Form 5.2 or recognize the common informant status shall

Answer 18

 request that the reasons be given on record
 notify the case manager by e-mail of the refusal, and request that the seizing officer attend in person to file the Form 5.2
 complete a TPS 649 outlining the date and time, court location, name of the Justice and the circumstances, and submit to the Unit Commander through the next level supervisor

Question 19

CASE MANAGER
When in receipt of an e-mail notice from a common informant indicating that a Justice has refused to sign a Form 5.2 or recognize the common informant status shall ensure

Answer 19

 the seizing officer attends a Report to a Justice Hearing, as soon as practicable
 the common informant submits a TPS 649 to their Unit Commander indicating the date, time, court location, name of the Justice and circumstances

Question 20

CASE MANAGER

Where a Forfeiture Order is required shall ensure

Answer 20

 at the time the charges are laid, the original applicable Forfeiture Order and 1 copy, (both shall be left blank) are included in the crown envelope
 a copy of the applicable property reports are appended to each Forfeiture Order and placed inside the crown envelope
 the forfeiture section on the back of the crown envelope is completed in full
 the crown prosecutor is made aware that a Forfeiture Order form is in the crown envelope prior to the trial and sentencing of the accused
- The Ministry of the Attorney General will ensure that Crown Prosecutors are made aware of their obligation under the Criminal Code to request forfeiture of property seized prior to sentencing, if applicable to the case. Once the Justice has signed the Forfeiture Order, the prosecutor is required to place the form in a drop box located in the Detective Sergeant’s office at the courthouse.

Question 21

CASE MANAGER

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

Answer 21

 give notice to the court by completing a TPS 141, in triplicate, no later than 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 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 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 envelope 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
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 after the TPS 143 has been signed by the Justice, e-mail all the information to PVEMU and the case manager, if applicable, using the Form 5.2 E-mail Template to: Report To Justice – PPB/TPS
 The Form 5.2 E-mail Template can be saved then e-mailed to the PVEMU.

Question 22

Officer in Charge or Designate

The Officer in Charge or designate shall

Answer 22

 ensure that all required paperwork is complete, accurate and signed by the submitting officer and/or the supervisor
 ensure that all required paperwork is in the crown envelope and available for disclosure in accordance with this Procedure and Procedure 12–08
 review all Form 5.2 and appendices prepared by officers under their direction
 review and approve or deny all requests from officers for permission to present a Form 5.2 personally to a Justice, taking into consideration the exigencies of the Service