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}}{{ | ''Maple Trust Co. v. Canada (Attorney General)'', [http://canlii.ca/t/1rn81 2007 BCCA 304] (CanLII){{perBCCA| Mackenzie JA}}{{atL|1rn81|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> | ||
</ref> | </ref> | ||
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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> | <ref> | ||
{{ibid1|Faulkner}}{{ | {{ibid1|Faulkner}}{{atL|1rsdq|13}}</ref> | ||
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}}{{ | ''R v Trac'', [http://canlii.ca/t/fx3pg 2013 ONCA 246] (CanLII){{perONCA|Doherty JA}}{{atL|fx3pg|78}}<br> | ||
</ref> | </ref> | ||