Basic HTML Version
1279
Kanunları ve Tercümeleri
a warrant issued under subsection (1), and any sections of the Criminal Code inconsistent with
those provisions do not apply.
14. (1) A peace officer who executes a warrant issued under section 12 shall, at least five days
before the time of the hearing to consider its execution, file with the court of which the judge
who issued the warrant is a member a written report concerning the execution of the warrant and
including a general description of the records or things seized, other than a thing seized under
section 13.
(2) The peace officer shall send a copy of the report to the Minister forthwith after its filing.
15. (1) At the hearing to consider the execution of a warrant issued under section 12, after
having considered any representations of the Minister, the competent authority, the person from
whom a record or thing was seized in execution of the warrant and any person who claims to have
an interest in the record or thing so seized, the judge who issued the warrant or another judge of
the same court may
(a) where the judge is not satisfied that the warrant was executed according to its terms
and conditions or where the judge is satisfied that an order should not be made under paragraph
(b), order that a record or thing seized in execution of the warrant be returned to
(i) the person from whom it was seized, if possession of it by that person is lawful,
or
(ii) the lawful owner or the person who is lawfully entitled to its possession, if the
owner or that person is known and possession of the record or thing by the person from whom
it was seized is unlawful; or
(b) in any other case, order that a record or thing seized in execution of the warrant be
sent to the state or entity mentioned in subsection 11(1) and include in the order any terms and
conditions that the judge considers desirable, including terms and conditions
(i) necessary to give effect to the request mentioned in that subsection,
(ii) with respect to the preservation and return to Canada of any record or thing
seized, and
(iii) with respect to the protection of the interests of third parties.
(2) At the hearing mentioned in subsection (1), the judge may require that a record or thing
seized in execution of the warrant be brought before him. R.S., 1985, c. 30 (4th Supp.), s. 15; 1999,
c. 18, s. 105.
16. No record or thing seized that has been ordered under section 15 to be sent to the state or
entity mentioned in subsection 11(1) shall be so sent until the Minister is satisfied that the state
or entity has agreed to comply with any terms or conditions imposed in respect of the sending
abroad of the record or thing.