WARRANT OF SEIZURE

... / Summons to occupier / Owner and maker may appear / Order of forfeiture / Disposal of matter / Appeal / Consent / Definitions / "Court" / "Crime comic" / "Judge".

164. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that

(a) any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, within the meaning of section 163 , or
(b) any representation or written material, copies of which are kept in premises within the jurisdiction of the court, is child pornography within the meaning of section 163.1 ,
shall issue a warrant authorizing seizure of the copies.

(2) Within seven days of the issue of the warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic or child pornography, may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

(4) If the court is satisfied that the publication, representation or written material referred to in subsection (1) is obscene, a crime comic or child pornography, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

(5) If the court is not satisfied that the publication, representation or written material referred to in subsection (1) is obscene, a crime comic or child pornography, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

(6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

(a) on any ground of appeal that involves a question of law alone,
(b) on any ground of appeal that involves a question of fact alone, or
(c) on any cournd of appeal that involves a question of mixed law and fact,
as if it were an appeal against conviction or against a judgement or verdict of acquittal, as the case may be, on a question of law alone under Part XXI and sections 673 to 696 apply with such modifications as the circumstances require.

(7) Where an order has been made under this section by a judge in a province with respect to one or more copies of a publication, representation or written material, no proceedings shall be instituted or continued in that province under section 163 or 163.1 with respect to those or other copies of the same publication, representation or written material without the consent of the Attorney General.

(8) In this section,

"court"
means
(a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,
(a.1) in the Province of Ontario, the Ontario court (General Division),
(b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench,
(c) in the Provinces of Prince Edward Islamd and Newfoundland, the Trial Division of the Supreme Court,
(c.1) [Repealed. 1992, c.51, s.34.]
(d) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;
NOTE: Definition "court" amended 1993, c.28, s.78 (to come into force April 1, 1999) by re-enacting para. (d). The text of para. (d), which is not yet in force and therefor printed in italics, reads as follows:
(d) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory, the Northwest Territories and Nunavut, the Supreme Court;
"crime comic"
has the same meaning as it has in section 163 ;
"judge"
means a judge of a court.
[R.S., c.C-34, s.160; 1974-75-76, c.48, s.25; 1978-79, c.11, s.10; R.S.C. 1985, c.27 (2nd Supp.), s.10; c.40 (4th Supp.), s.2; 1990, c.16, s.3; 1990, c.17, s.9; 1992, c.1, s.58; 1992, c.51, s.34; 1993, c.46, s.3.]


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