Forfeiture of Offence-related Property: Difference between revisions
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(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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; Property outside Canada | |||
(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. | (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. | ||
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:(b) that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and | :(b) that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and | ||
:(c) that the accused charged with the offence has died or absconded. | :(c) that the accused charged with the offence has died or absconded. | ||
; Accused deemed absconded | |||
(3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if | (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if | ||
:(a) an information has been laid alleging the commission of the offence by the accused, | :(a) an information has been laid alleging the commission of the offence by the accused, | ||
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:(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law. | :(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law. | ||
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; Property outside Canada | |||
(4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. | (4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. | ||
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{{quotation| | {{quotation| | ||
490.2<br>...<br> | 490.2<br>...<br> | ||
; Definition of judge | |||
(5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction. | (5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction. | ||
1997, c. 23, s. 15; 2001, c. 32, s. 31; 2007, c. 13, s. 9. | 1997, c. 23, s. 15; 2001, c. 32, s. 31; 2007, c. 13, s. 9. | ||
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(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. | ||
; Return of property | |||
(6) The Attorney General shall, on application made to the Attorney General by any person in respect of whom a judge has made an order under subsection (4), and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined, direct that | (6) The Attorney General shall, on application made to the Attorney General by any person in respect of whom a judge has made an order under subsection (4), and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined, direct that | ||
:(a) the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or | :(a) the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or | ||