DER Barristers caught RCMP fatal error
The RCMP seized property pursuant to a search warrant. That entitled them to hold the property for 90 days, after the 90 days it is returnable.
The Criminal Code permits the RCMP to apply under s. 490(2) to extend holding the property for a longer period, but notice of that application must be served on the person/or their lawyer within the 90 days. In this case, the notice was served late. Der Barristers successfully argued to the Provincial Court Judge, who was hearing the RCMP extension application, that he did not have jurisdiction to hear the application since the notice was served late. The Judge agreed, and the RCMP application failed.
If police seize your property then immediately contact a criminal defence lawyer. DER Barristers has experience in this area of law.