UNIFORM LAW CONFERENCE OF CANADA

INTRODUCTION [1] At the August 2022 meeting of the Criminal Section of the ULCC, the following resolution was unanimously (26-0-0) adopted: Working Group on Section 490 of the Criminal Code Be it resolved that the Section 490 Working Group be reconstituted and provide a report to the Criminal Section at the 2023 annual meeting. [...] The Working Group fully endorses the Final Report of the ULCC Working Group On Section 487 of the Criminal Code and supports the implementation of all the recommendations in the Report. [...] The introduction of a report or return in Form 5.2 reduced the amount of time and inconvenience to the peace officer and the justice as a result of not requiring the actual items or things seized to be brought before the justice. [...] The seizing officer also complies with the section when that officer reports his seizure to an officer in charge of the seizures in the investigation, and that officer in turn prepares the internal report that is provided to the officer who physically fills out the form and presents it to the justice. [...] [59] Resolving the question of what is meant by “seized” in the context of section 490 of the Criminal Code centres on whether the judiciary should be informed of and/or involved with the supervision of all things gathered by the investigators during a criminal investigation.