Forfeiture of Offence-related Property: Difference between revisions
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ORP may include the proceeds obtained by the sale of offence-related property.< | ORP may include the proceeds obtained by the sale of offence-related property.<ref> | ||
Maple Trust Co. v. Canada (Attorney General), [http://canlii.ca/t/1rn81 2007 BCCA 304] (CanLII){{perBCCA| Mackenzie JA}}, at para 17 ("...offence-related property extends to the proceeds of sale either by giving the CDSA definition a reasonable interpretation in the context of the scheme of the statute or by incorporating the expanded definition of property in the Criminal Code by reference with the assistance of the Interpretation Act.")<Br> | Maple Trust Co. v. Canada (Attorney General), [http://canlii.ca/t/1rn81 2007 BCCA 304] (CanLII){{perBCCA| Mackenzie JA}}, at para 17 ("...offence-related property extends to the proceeds of sale either by giving the CDSA definition a reasonable interpretation in the context of the scheme of the statute or by incorporating the expanded definition of property in the Criminal Code by reference with the assistance of the Interpretation Act.")<Br> | ||
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'''Corporation'''<br> | '''Corporation'''<br> | ||
A corporation will be considered "dead" where it is determined to be a "sham, or a front".< | A corporation will be considered "dead" where it is determined to be a "sham, or a front".<ref> | ||
R v 2744-5360 Quebec Inc., [http://canlii.ca/t/1n99k 1994 CanLII 4244] (NS SC){{perNSSC|Cacchione J}}<Br> | R v 2744-5360 Quebec Inc., [http://canlii.ca/t/1n99k 1994 CanLII 4244] (NS SC){{perNSSC|Cacchione J}}<Br> | ||
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The standard of proof is on the balance of probabilities.< | The standard of proof is on the balance of probabilities.<ref> | ||
2744-5360 Quebec Inc{{ibid}} | 2744-5360 Quebec Inc{{ibid}} | ||
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==Other Items== | ==Other Items== | ||
===Vehicles=== | ===Vehicles=== | ||
The vehicle used to transport drugs that were the subject of a CDSA conviction is offence-related property and so can be seized.< | The vehicle used to transport drugs that were the subject of a CDSA conviction is offence-related property and so can be seized.<ref>R v Kopp, [http://canlii.ca/t/fpbml 2011 MBPC 74] (CanLII){{perMBPC|Martin | ||
J}}</ref> | J}}</ref> | ||