In Re: Section 490 Application – Without Notice, 2022 ABPC 100, May 4, 2022, the Crown applied on an ex parte basis, for an order pursuant to section 490(2)(a) of the Criminal Code, extending the time period in which a seized item could be held by the police.  Section 490(2) requires that “the person from whom the thing detained was seized”, be given “three clear days notice”.

The application judge described the issue raised by the application in the following manner (at paragraph 4):

Are the powers to grant an ex parte application under section 490(2), and to delay giving to affected parties three clear days notice of any order granted, powers which are reasonably necessary to enable judges of a Provincial Court to accomplish the Court’s mandate under the legislation, and are thereby powers of the Court implied by the legislation?

The application was granted.

Judge Fradsham held that “[t]he Criminal Code, by necessarily implication, provides to the Provincial Court of Alberta the power to hear an ex parte application under section 490(2), in camera, and to delay providing notice of that application to the owners of the items seized and to the persons from whom the items were seized” (at paragraph 61).