The appellant brought nearly $35,000 in cash to post bail for a client.
The police seized the money without a warrant under the Controlled Drugs and Substances Act.
When the Crown applied to extend the detention of the money under s. 490(2) of the Criminal Code, the appellant cross-applied for its return.
The Provincial Court judge ordered the money returned, finding the seizure unlawful.
The Supreme Court of Canada held that a Provincial Court judge has no jurisdiction under s. 490(2) or outside the Code to order the return of unlawfully seized property.
The proper procedure is an application for replevin or Charter review to a superior court.
The appeal was allowed and the Court of Appeal's order was set aside.
