Criminal Code — C-46 462.34
Application for review of special warrants and restraint orders 462.34 (1) Any person who has an interest in property that was seized under a warrant issued under section 462.32 or 462.321 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge for (a) an order under subsection (4); (b) permission to examine any seized property that does not consist of digital assets; or (c) an order requiring an accounting of any seized digital assets. Notice to Attorney General (2) Where an application is made under paragraph (1)(a), (a) the application shall not, without the consent of the Attorney General, be heard by a judge unless the applicant has given to the Attorney General at least two clear days notice in writing of the application; and (b) the judge may require notice of the application to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property. Terms of examination order (3) A judge may, on an application made to the judge under paragraph (1)(b), order that the applicant be permitted to examine property subject to such terms as appear to the judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required. Order of restoration of property or revocation or variation of order (4) On an application made to a judge under paragraph (1)(a) in respect of any property and after hearing the applicant and the Attorney General and any other person to whom notice was given pursuant to paragraph (2)(b), the judge may order that the property or a part thereof be returned to the applicant or, in the case of a restraint order made under subsection 462.33(3), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the judge thinks fit, (a) if the applicant enters into a recognizance before the judge, with or without sureties, in such amount and with such conditions, if any, as the judge directs and, where the judge considers it appropriate, deposits with the judge such sum of money or other valuable security as the judge directs; (b) if the conditions referred to in subsection (6) are satisfied; or (c) for the purpose of (i) meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the judge, has a valid interest in the property and of the dependants of that person, (ii) meeting the reasonable business and legal expenses of a person referred to in subparagraph (i), or (iii) permitting the use of the property in relation to an undertaking or release order, if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property. Hearing (5) For the purpose of determining the reasonableness of legal expenses referred to in subparagraph (4)(c)(ii), a judge shall hold an in camera hearing, without the presence of the Attorney General, and shall take into account the legal aid tariff of the province. Expenses (5.1) For the purpose of determining the reasonableness of expenses referred to in paragraph (4)(c), the Attorney General may (a) at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses, other than legal expenses; and (b) before or after the hearing of the application held in camera pursuant to subsection (5), make representations as to what would constitute reasonable legal expenses referred to in subparagraph (4)(c)(ii). Taxing legal fees (5.2) The judge who made an order under paragraph (4)(c) may, and on the application of the Attorney General shall, tax