March 2, 2021
Real Estate Financing and Investing/Latest Mortgage Options

Canadian Prison Sentencing/Offence-related Property Underneath the Managed Medicine Substances Act

Introduction[edit]

The aim of the forfeiture of offence-related property below the CDSA is “to make sure that offence-related property is just not returned to the offender and the pursuits of harmless third events and individuals with legitimate pursuits within the property are protected”.[1]

The needs are to (1) “punishes the offender by taking away the property that was used within the fee of the designated substance offence”, with the impact upon the revenue of the commerce; (2) present deterrence by ““rais[ing] the stakes” by imposing a “very actual value” to those that both use, or allow their property for use, within the fee of a delegated substance offence”; (3) guarantee “that the property is not obtainable for continued use in prison actions”, that’s, to take it out of circulation[2]

The Lawyer Basic could apply at any time after conviction forfeiture of offence-related property.
They have to present on a stability of chances that the property is “offence-related property” in relation to the offences convicted.(s. 16(1)) The AG may acquire an order if they’ll show past an inexpensive doubt that the property is “offence-related property” however not in relation to any specific conviction. (s. 16(2))

Harmless individuals with property pursuits within the items could apply often throughout a forfeiture listening to for the return of the objects. (s. 19)

  1. Scotia Mortgage Corp. v. Leung, 2006 BCSC 846 (CanLII) at para. 18

  2. Scotia Mortgage Corp. v. Leung at para. 18 citing Canada (Lawyer Basic) v. Huynh, 2005 BCPC 431 (CanLII), [2005] B.C.J. No. 2168
    See additionally R. v. Cook dinner, [2010] O.J. No. 4413,at paras.39-45

Offence-related Property[edit]

Offence-related property is outlined in s.2 of the CDSA:

“offence-related property” means, except for a managed substance, any property, inside or exterior Canada,

(a) via or in respect of which a delegated substance offence is dedicated,
(b) that’s utilized in any method in reference to the fee of a delegated substance offence, or
(c) that’s supposed to be used for the aim of committing a delegated substance offence;

Forfeiture on Conviction[edit]

Part 16 of the Managed Medicine and Substances Act gives an influence of forfeiture on conviction just like s. 490.1 of the Prison Code:

Order of forfeiture of property on conviction
16. (1) Topic to sections 18 to 19.1, the place an individual is convicted of a delegated substance offence and, on utility of the Lawyer Basic, the court docket is glad, on a stability of chances, that any property is offence-related property and that the offence was dedicated in relation to that property, the court docket shall

(a) within the case of a substance included in Schedule VI, order that the substance be forfeited to Her Majesty in proper of Canada and disposed of by the Minister because the Minister thinks match; and
(b) within the case of every other offence-related property,

(i) the place the prosecution of the offence was commenced on the occasion of the federal government of a province and performed by or on behalf of that authorities, order that the property be forfeited to Her Majesty in proper of that province and disposed of by the Lawyer Basic or Solicitor Basic of that province in accordance with the legislation, and
(ii) in every other case, order that the property be forfeited to Her Majesty in proper of Canada and disposed of by such member of the Queen’s Privy Council for Canada as could also be designated for the needs of this subparagraph in accordance with the legislation.

Property associated to different offences
(2) Topic to sections 18 to 19.1, the place the proof doesn’t set up to the satisfaction of the court docket that the designated substance offence of which an individual has been convicted was dedicated in relation to property in respect of which an order of forfeiture would in any other case be made below subsection (1) however the court docket is glad, past an inexpensive doubt, that that property is offence-related property, the court docket could make an order of forfeiture below subsection (1) in relation to that property.

CDSA

In Rem Forfeiture[edit]

Software for in rem forfeiture
17. (1) The place an data has been laid in respect of a delegated substance offence, the Lawyer Basic could make an utility to a decide for an order of forfeiture below subsection (2).

Order of forfeiture of property
(2) Topic to sections 18 to 19.1, the place an utility is made to a decide below subsection (1) and the decide is glad

(a) past an inexpensive doubt that any property is offence-related property,
(b) that proceedings in respect of a delegated substance offence in relation to the property referred to in paragraph (a) have been commenced, and
(c) that the accused charged with the designated substance offence has died or absconded,

the decide shall order that the property be forfeited and disposed of in accordance with subsection (4).

CDSA

Process[edit]

Discover[edit]

Underneath s. 19, purposes below s.16(1) or 17(2) requires discover to any individuals who seem to have legitimate pursuits within the property.
see s.19 CDSA


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