Criminal Law Notebook

Forfeiture of Offence-related Property: Difference between revisions

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==Forfeiture of Offence-related Property on Conviction==
==Forfeiture of Offence-related Property on Conviction==
Section 490.1(1) permits the forfeiture of "offence-related property" on application of the crown:
Section 490.1(1) permits the forfeiture of "offence-related property" on application of the Crown:
{{quotation|
{{quotation|
; Order of forfeiture of property on conviction
; Order of forfeiture of property on conviction
490.1 (1) Subject to sections 490.3 to 490.41 [''various orders and procedures re ORP''], if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
490.1 (1) Subject to sections 490.3 to 490.41 {{AnnSec|490.3 to 490.41}}, if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
:(a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
:(a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
:(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 related to other offences
; Property related to other offences
(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 {{AnnSec|490.3 to 490.41}}, 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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<br>
; Property outside Canada
; Property outside Canada
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(3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.
(3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.
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1997, c. 23, s. 15; 2001, c. 32, s. 30, c. 41, ss. 18, 130; 2007, c. 13, s. 8.<br>{{Annotation}}
1997, c. 23, s. 15;  
2001, c. 32, s. 30, c. 41, ss. 18, 130;  
2007, c. 13, s. 8.<br>{{Annotation}}
|[http://www.canlii.ca/t/7vf2#sec490.1 CCC]
|[http://www.canlii.ca/t/7vf2#sec490.1 CCC]
}}
}}
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