During an investigation into the sudden death of an infant, police seized various items with and without warrants.
The initial detention orders were set to expire before a hearing for further detention under s. 490(2)(a) of the Criminal Code could be scheduled.
A Justice of the Peace issued Orders for Continued Detention under the post-expiry exception in s. 490(9.1).
The investigating police service subsequently questioned the validity of the orders, arguing they required a noticed hearing under s. 490(2).
The court held that because the ordinary s. 490(2)(a) route was unavailable due to the impending expiry of the orders, the matter properly engaged the post-expiry framework under s. 490(9.1).
Finding that continued detention was reasonably required for the ongoing investigation and in the interests of justice, the court confirmed the orders were validly made.
