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Crown can seek forfeiture of seized assets in derailed Quebec drug cases: top court
The court said forfeiture can proceed under an independent Criminal Code provision, and sent the case back for a hearing on cash and homes.
- On Friday, the Supreme Court ruled the Crown can seek forfeiture of assets seized in a drug probe, even though criminal cases against most accused were stayed due to Charter rights violations.
- Charges related to cannabis production in Quebec began when several people were accused; one pleaded guilty while remaining charges were stayed after findings of unreasonable delays violating Charter rights.
- Previously, the owners successfully argued before the Quebec Court, which sided with them and ruled the court lacked jurisdiction to hear forfeiture applications once proceedings were stayed.
- Justice Nicholas Kasirer wrote that the court retains jurisdiction for forfeiture proceedings under Criminal Code provisions operating independently of trial matters and criminal liability determinations.
- Parliament justifies forfeiture rules to ensure crime does not pay; Kasirer noted returning tainted property could bring the administration of justice into disrepute, deterring criminal organizations.
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27 Articles
The Toronto Star+25 Reposted by 25 other sources
Crown can seek forfeiture of seized assets in derailed Quebec drug cases: top court
OTTAWA - The Supreme Court of Canada says the Crown can seek the forfeiture of assets seized in a drug probe even though the criminal cases against most of the
·Toronto, Canada
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The Supreme Court of Canada is of the view that the Crown may request the confiscation of seized property in an investigation into drug trafficking, even though the criminal proceedings against most of the accused have been quashed.
·Montreal, Canada
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Total News Sources27
Leaning Left23Leaning Right1Center2Last UpdatedBias Distribution88% Left
Bias Distribution
- 88% of the sources lean Left
88% Left
L 88%
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