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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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I had computers and documents seized on May 18 under a

Customer Question

I had computers and documents seized on May 18 under a warrant , I was told police can keep my items no more then 90 days , unless I was given at least a three day notice that they were extending the order, it is now 94 days and I have not heard anything from them , am I entitled to my things back now ? And is the seizure now invalid ?
Submitted: 3 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 3 months ago.

The police may have done this time extension 'behind closed doors' so to speak. Unfortunately, that does not make the seizure invalid, and you would only be entitled to return of your materials if they are not going to be used further for the investigation and/or as evidence in any proceedings.

Section 490 of the Criminal Code outlines when and how (and for how long) police can retain seized items, and also subsections of that provision stipulate the process for return of those items, whether requested by the owner, a 3rd party, or on police or judicial initiative if they're no longer required.

A link to the relevant provisions is below:

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-490.html

Hopefully that answers your question.

Expert:  Daniel Freudman replied 3 months ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much.

Expert:  Daniel Freudman replied 3 months ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much.

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