Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 143
Disposition versions

Full text
Disposition of things seized
143(1)Subject to paragraph 141(a), where any thing is seized under this Act, the judge shall by order in writing
(a) detain it or give directions in relation to its detention, or
(b) if the judge is satisfied that it is not required for the purposes of proceedings, direct that it be returned to a person lawfully entitled to it.
143(2)On the application of the defendant, the prosecutor or a person having an interest in a thing detained under subsection (1), or without an application, a judge may make an order for the examination, testing, inspection or reproduction, upon such conditions as the judge may direct, of any thing detained.
143(3)Nothing shall be detained under an order made under subsection (1) for a period of more than three months after the time of seizure unless
(a) on application, a judge is satisfied that, having regard to the nature of the investigation, the further detention of the thing seized for a specified period is appropriate and the judge so orders, or
(b) before the expiration of that period, proceedings are commenced in which the thing detained may be required.
143(4)On the application of a person having an interest in a thing detained under subsection (1), and on notice to the defendant, the person from whom the thing was seized, the person to whom the search warrant was issued and any other person who has an apparent interest in the thing detained, a judge may make an order for the release of any thing detained to the person from whom the thing was seized where it appears that the thing detained is no longer necessary for the purpose of an investigation or proceedings and that the release of that thing to that person would not produce an unlawful situation or be otherwise contrary to public policy.
143(5)Where an order under subsection (4) for the release of a thing detained would produce an unlawful situation or be otherwise contrary to public policy, the judge may order the release of the thing detained to the person who made the application under subsection (4) if the order would not produce an unlawful situation or be otherwise contrary to public policy.
143(6)Where an order under subsection (4) or (5) for the release of a thing detained would produce an unlawful situation or be otherwise contrary to public policy or where any thing detained has not been released or returned under this section before the expiration of six months after its detention and the thing detained is no longer required for the purposes of the proceedings, the judge may order the thing to be disposed of and cause the proceeds of the disposal, if any, to be forwarded to the Minister of Finance and Treasury Board.
143(7)An appeal lies from an order or refusal to make an order under this section in the same manner as an appeal from a conviction or acquittal under this Act.
1990, c.18, s.82; 2019, c.29, s.130
Disposition of things seized
143(1)Subject to paragraph 141(a), where any thing is seized under this Act, the judge shall by order in writing
(a) detain it or give directions in relation to its detention, or
(b) if the judge is satisfied that it is not required for the purposes of proceedings, direct that it be returned to a person lawfully entitled to it.
143(2)On the application of the defendant, the prosecutor or a person having an interest in a thing detained under subsection (1), or without an application, a judge may make an order for the examination, testing, inspection or reproduction, upon such conditions as the judge may direct, of any thing detained.
143(3)Nothing shall be detained under an order made under subsection (1) for a period of more than three months after the time of seizure unless
(a) on application, a judge is satisfied that, having regard to the nature of the investigation, the further detention of the thing seized for a specified period is appropriate and the judge so orders, or
(b) before the expiration of that period, proceedings are commenced in which the thing detained may be required.
143(4)On the application of a person having an interest in a thing detained under subsection (1), and on notice to the defendant, the person from whom the thing was seized, the person to whom the search warrant was issued and any other person who has an apparent interest in the thing detained, a judge may make an order for the release of any thing detained to the person from whom the thing was seized where it appears that the thing detained is no longer necessary for the purpose of an investigation or proceedings and that the release of that thing to that person would not produce an unlawful situation or be otherwise contrary to public policy.
143(5)Where an order under subsection (4) for the release of a thing detained would produce an unlawful situation or be otherwise contrary to public policy, the judge may order the release of the thing detained to the person who made the application under subsection (4) if the order would not produce an unlawful situation or be otherwise contrary to public policy.
143(6)Where an order under subsection (4) or (5) for the release of a thing detained would produce an unlawful situation or be otherwise contrary to public policy or where any thing detained has not been released or returned under this section before the expiration of six months after its detention and the thing detained is no longer required for the purposes of the proceedings, the judge may order the thing to be disposed of and cause the proceeds of the disposal, if any, to be forwarded to the Minister of Finance.
143(7)An appeal lies from an order or refusal to make an order under this section in the same manner as an appeal from a conviction or acquittal under this Act.
1990, c.18, s.82
Disposition of things seized
143(1)Subject to paragraph 141(a), where any thing is seized under this Act, the judge shall by order in writing
(a) detain it or give directions in relation to its detention, or
(b) if the judge is satisfied that it is not required for the purposes of proceedings, direct that it be returned to a person lawfully entitled to it.
143(2)On the application of the defendant, the prosecutor or a person having an interest in a thing detained under subsection (1), or without an application, a judge may make an order for the examination, testing, inspection or reproduction, upon such conditions as the judge may direct, of any thing detained.
143(3)Nothing shall be detained under an order made under subsection (1) for a period of more than three months after the time of seizure unless
(a) on application, a judge is satisfied that, having regard to the nature of the investigation, the further detention of the thing seized for a specified period is appropriate and the judge so orders, or
(b) before the expiration of that period, proceedings are commenced in which the thing detained may be required.
143(4)On the application of a person having an interest in a thing detained under subsection (1), and on notice to the defendant, the person from whom the thing was seized, the person to whom the search warrant was issued and any other person who has an apparent interest in the thing detained, a judge may make an order for the release of any thing detained to the person from whom the thing was seized where it appears that the thing detained is no longer necessary for the purpose of an investigation or proceedings and that the release of that thing to that person would not produce an unlawful situation or be otherwise contrary to public policy.
143(5)Where an order under subsection (4) for the release of a thing detained would produce an unlawful situation or be otherwise contrary to public policy, the judge may order the release of the thing detained to the person who made the application under subsection (4) if the order would not produce an unlawful situation or be otherwise contrary to public policy.
143(6)Where an order under subsection (4) or (5) for the release of a thing detained would produce an unlawful situation or be otherwise contrary to public policy or where any thing detained has not been released or returned under this section before the expiration of six months after its detention and the thing detained is no longer required for the purposes of the proceedings, the judge may order the thing to be disposed of and cause the proceeds of the disposal, if any, to be forwarded to the Minister of Finance.
143(7)An appeal lies from an order or refusal to make an order under this section in the same manner as an appeal from a conviction or acquittal under this Act.
1990, c.18, s.82