198. (1) In proceedings under this Part,
(a) evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house;
(b) evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be;
(c) evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and
(d) evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to have been an inmate or to have been found in that house at the time the person committed the offence of which he was convicted, in the absence of any evidence to the contrary, proof that the house was, at that time, a disorderly house.
Marginal note:Conclusive presumption from slot machine
(2) For the purpose of proceedings under this Part, a place that is found to be equipped with a slot machine shall be conclusively presumed to be a common gaming house.
Definition of “slot machine”
(3) In subsection (2), “slot machine” means any automatic machine or slot machine
(a) that is used or intended to be used for any purpose other than vending merchandise or services, or
(b) that is used or intended to be used for the purpose of vending merchandise or services if
(i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,
(ii) as a result of a given number of successive operations by the operator the machine produces different results, or
(iii) on any operation of the machine it discharges or emits a slug or token,
but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine.
- R.S., c. C-34, s. 180;
- 1974-75-76, c. 93, s. 10.
Marginal note:Warrant to search
199. (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.
Marginal note:Search without warrant, seizure and arrest
(2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.
Marginal note:Disposal of property seized
(3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.
Marginal note:When declaration or direction may be made
(4) No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until
(a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or
(b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.
Marginal note:Conversion into money
(5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.
Marginal note:Telephones exempt from seizure
(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206, 207 or 210 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.
(7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.
- R.S., 1985, c. C-46, s. 199;
- R.S., 1985, c. 27 (1st Supp.), s. 203;
- 1994, c. 44, s. 10.
- Date modified: