ORDER OF THE PROVINCIAL COURT OF
BRITISH COLUMBIA AN ORDER FOR THE RETURN OF SEIZED ARTICLES |
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Before this ruling, it was standard operating procedure for the police and the courts to order any such materials destroyed even when the charges were stayed against the defendant; it was their erroneous perception that Canadians did not have any real right under law to actually own property and that they could confiscate or destroy at will. The Canadian Bill Of Rights confers the right to seek remedy in the courts for any confiscation or destruction of property. S. 489(9) of the Canadian Criminal Code allows us to bring an action to have a hearing in the provincial or Supreme Court to determine the disposition of seized items, but it does not confer any right to actually own that property and it has been SOP to destroy any such property rather than return it to it's rightful owner. As you can see, We do actually have the right to own property and we can force the system to return our seized property to us. You have to ask yourself some serious questions: Why have these courts and attorney generals been allowed to operate so illegally for so long? |
This was the first order in
Canada for the return of these type of materials seized by police.
Although the application was granted under S. 489(9) of the Canadian Criminal Code, The supporting statute was the Canadian Bill Of Rights. One of the few laws under the Conservative Government of the mid 19 hundreds that clarified our right to own property. It says in no uncertain terms that Canadians have " THE RIGHT TO THE ENJOYMENT OF PROPERTY". There is no other statute in Canadian Law that I am aware of that iterates that right. The Central Saannich police were rather dumfounded when Jason and I served the court order on them. Nothing like this had ever happened to them before. The constable who had originally executed the search warrant and arrested Jason had told him HE WAS CRAZY FOR CALLING ME instead of a lawyer. The Police and the Crown are at a severe disadvantage when push comes to shove in criminal procedures; they've been lied to about the law by generations of judges and attorney generals in BC and are in the curious position of attempting to enforce laws in a court system which is inherently illegal itself. This is like shooting fish in a barrel: I wish I'd known all this when I was young and stupid.
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