Forfeiture Orders

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Introduction

There are a number of scheme dealing with the detention and forfeiture of property in criminal law. There is a significant amount of overlap between many of them and so provide for several methods of forfeiting property.

Forfeiture Orders arise from two scenarios, it is either post-conviction or where no conviction exists.

With Conviction

• Firearms Forfeiture Orders (491)
• Forfeiture or Return of Property Obtained by Crime (491.1)
• Forfeiture of Proceeds of Crime (462.37)

8 Forfeiture of Things Detained Under Section 490 (490(9))

• Offence-related Property Under the Code (490.1, 490.2, 490.41)
• Offence-related Property Under the CDSA
• Computer-related Property for Online Child Exploitation(164.2)
• Forfeiture of Wiretap Devices (192)
• Forfeiture of Counterfeit Items (462)
• Forfeiture of Computer and Devices relating to Mischief and Services Theft (327, 342.2)
• Forfeiture of Valuable Minerals (394, 394.1)
• Forfeiture of Forgery Items (342.01, 412)
• Fine in Lieu of Forfeiture (462.37)

Without Conviction

• Terrorism Forfeiture Orders (83.14)
• Obscene Material Forfeiture Order (164(4))
• 490 Forfeiture for No Lawful Owner (490(9))
• Firearms (115, 117.03, 117.05, 491)
• In Rem forfeiture on pending charge (490.2)
• Civil Forfeiture
• Forfeiture of Hate Propaganda (319, 320)
• Forfeiture of Recognizance (s. 134, 135 YCJA)

Topics

• Forfeiture of Proceeds of Crime
• Forfeiture of Offence-related Property
• Forfeiture of Offence-related Property Under the CDSA
• Forfeiture of Things Detained Under Section 490
• Forfeiture of Weapons and Firearms
• Forfeiture of Computer-related Property
• Fine in Lieu of Forfeiture
• Civil Forfeiture

See Also

• Seizure of Property