What is the test for a Justice of the Peace to order the detention of a person during a search and seizure?
Ontario, Canada
The following excerpt is from Re: Request for Order of Detention, s. 490(1) Criminal Code, 2022 ONCJ 27 (CanLII):
At paragraph 28: “The only issue for the Justice of the Peace was whether the peace officer satisfied her ‘that the detention of the thing seized is required for the purposes of any investigation or preliminary inquiry, trial or other proceeding’.” R v. Kawecki
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