Forfeiture of Offence-related Property: Difference between revisions
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490.4 (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property. | 490.4 (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property. | ||
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; Manner of giving notice | |||
(2) A notice given under subsection (1) shall | (2) A notice given under subsection (1) shall | ||
:(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; | :(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; | ||
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490.41 (1) If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require that notice in accordance with subsection (2) be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to which the property would be forfeited. | 490.41 (1) If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require that notice in accordance with subsection (2) be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to which the property would be forfeited. | ||
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; Manner of giving notice | |||
(2) A notice shall | (2) A notice shall | ||
:(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; | :(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; | ||
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may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4). | may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4). | ||
; Fixing day for hearing | |||
(2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of the filing of the application for the hearing of the application. | (2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of the filing of the application for the hearing of the application. | ||
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