Forfeiture of Offence-related Property: Difference between revisions
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The origin of the property is not relevant to determine whether the property fits the definition. The issue is the relationship the property has with the index offence.<ref> | The origin of the property is not relevant to determine whether the property fits the definition. The issue is the relationship the property has with the index offence.<ref> | ||
R v Trac, [http://canlii.ca/t/fx3pg 2013 ONCA 246] (CanLII){{perONCA|Doherty JA}}<br> | ''R v Trac'', [http://canlii.ca/t/fx3pg 2013 ONCA 246] (CanLII){{perONCA|Doherty JA}}<br> | ||
</ref> | </ref> | ||
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An application under s. 490.1 is not part of a sentencing hearing and so the normal rules of evidence apply, including the presumptive inadmissibility of hearsay evidence.<ref> | An application under s. 490.1 is not part of a sentencing hearing and so the normal rules of evidence apply, including the presumptive inadmissibility of hearsay evidence.<ref> | ||
R v Faulkner, [http://canlii.ca/t/1rsdq 2007 NBCA 47] (CanLII){{perNBCA|Drapeau JA}}</ref> | ''R v Faulkner'', [http://canlii.ca/t/1rsdq 2007 NBCA 47] (CanLII){{perNBCA|Drapeau JA}}</ref> | ||
The standard of proof is on the balance of probabilities. | The standard of proof is on the balance of probabilities. | ||
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Property includes cash and real property.<ref> | Property includes cash and real property.<ref> | ||
R v Trac, [http://canlii.ca/t/fx3pg 2013 ONCA 246] (CanLII){{perONCA|Doherty JA}} at para 78<br> | ''R v Trac'', [http://canlii.ca/t/fx3pg 2013 ONCA 246] (CanLII){{perONCA|Doherty JA}} at para 78<br> | ||
</ref> | </ref> | ||
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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.<ref>R v Kopp, [http://canlii.ca/t/fpbml 2011 MBPC 74] (CanLII){{perMBPC|Martin | 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> | ||