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.<ref> | 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.")< | 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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(1.1) [Repealed, 2001, c. 41, s. 130] | (1.1) [Repealed, 2001, c. 41, s. 130] | ||
<br> | <br> | ||
'''Property related to other offences'''< | '''Property related to other offences'''<br> | ||
(2) Subject to sections 490.3 to 490.41 [''various orders and procedures re ORP''], if the evidence does not establish to the satisfaction of the court that the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property. | (2) Subject to sections 490.3 to 490.41 [''various orders and procedures re ORP''], if the evidence does not establish to the satisfaction of the court that the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property. | ||
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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".<ref> | 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}}< | R v 2744-5360 Quebec Inc., [http://canlii.ca/t/1n99k 1994 CanLII 4244] (NS SC){{perNSSC|Cacchione J}}<br> | ||
</ref> | </ref> | ||
The standard of proof is on the balance of probabilities.<ref> | The standard of proof is on the balance of probabilities.<ref> | ||
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the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest. | the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest. | ||
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'''Appeal from order made under subsection (4)'''< | '''Appeal from order made under subsection (4)'''<br> | ||
(5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection. | (5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection. | ||