civilforfeiture.ca
Civil Forfeiture & the Charter | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/civil-forfeiture-the-charter
Civil Forfeiture in Canada. Civil Forfeiture & the Charter. Ontario v. Chatterjee. Civil forfeiture statutes were found to be a valid provincial power, pursuant to Section 92 of the. Various provincial governments have taken. As a declaration that their respective forfeiture statutes are constitutional in all circumstances, regardless of how they are applied. British Columbia and Alberta, in particular, have relentlessly pursued forfeiture remedies in the wake of the. Charter of Rights and Freedoms.
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Civil Forfeiture in Nova Scotia | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/category/civil-forfeiture-in-nova-scotia
Civil Forfeiture in Canada. Civil Forfeiture in Nova Scotia. Governed by Nova Scotia’s. CHAPTER 27 OF THE ACTS OF 2007. Nova Scotia (Civil Forfeiture) v. Walsh, 2013 NSSC 130. Building on the analysis set out in the. Case, Mr. Justice Wood of the Nova Scotia Supreme Court refused forfeiture of $4,755.00 in cash found in the possession of the defendant, Matthew Craig Walsh. Continue reading →. Filed under Civil Forfeiture in Nova Scotia. Nova Scotia (Civil Forfeiture) v. McNamara, 2013 NSSC 129. Civil For...
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British Columbia (Director of Civil Forfeiture) v. Crowley, 2014 BCSC 1481 – Director Fails to Show that Full Forfeiture in Interest of Justice | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/british-columbia-director-of-civil-forfeiture-v-crowley-2014-bcsc-1481-director-fails-to-show-that-full-forfeiture-in-interest-of-justice
Civil Forfeiture in Canada. British Columbia (Director of Civil Forfeiture) v. Crowley, 2014 BCSC 1481 – Director Fails to Show that Full Forfeiture in Interest of Justice. Case was sent back to the BC Supreme Court for consideration of the interests of justice. The BC Court of Appeal. Determined that Supreme Court judge in a previous hearing had erred in failing to consider the interests of justice before granting default judgement to the Director of Civil Forfeiture. Decided by the BC Supreme Court.
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Saskatchewan (Seizure Of Criminal Property Act, Director) v Rapin, 2015 SKQB 37 – Third Party Creditors May Challenge Forfeiture of Seized Cash | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/saskatchewan-seizure-of-criminal-property-act-director-v-rapin-2015-skqb-37-third-party-creditors-may-challenge-forfeiture-of-seized-cash
Civil Forfeiture in Canada. Saskatchewan (Seizure Of Criminal Property Act, Director) v Rapin, 2015 SKQB 37 Third Party Creditors May Challenge Forfeiture of Seized Cash. Police seized $2,700 in cash, along with a quantity of cocaine, from an individual who was later convicted of drug trafficking. The Court had no difficulty in concluding that the $2,700 was proceeds of unlawful activity. Decided by the Saskatchewan Court of Queen’s Bench. On February 6, 2015. For the full text of the decision. British C...
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British Columbia (Director of Civil Forfeiture) v. Hells Angels Motorcycle Corporation, 2014 BCCA 207 | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/british-columbia-director-of-civil-forfeiture-v-hells-angels-motorcycle-corporation-2014-bcca-207
Civil Forfeiture in Canada. British Columbia (Director of Civil Forfeiture) v. Hells Angels Motorcycle Corporation, 2014 BCCA 207. British Columbia’s Director of Civil Forfeiture applied to remove one the last remaining personal defendants as a party to the long-running. Hells Angels Motorcycle Corporation. Case in an apparent attempt to evade. Arguments which might be available to individuals but unavailable to the corporate defendant:. Decided by the BC Court of Appeal. On June 2, 2014. Civil Forfeitur...
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Civil Forfeiture in Canada | Legislation, Case Law, and Legal Analysis | Page 2
http://www.civilforfeiture.ca/page/2
Civil Forfeiture in Canada. Earlier Civil Forfeiture Cases. Later Civil Forfeiture Cases →. Ontario (Attorney General) v. 20 Strike Avenue, 2014 ONCA 395 – Court Refuses Forfeiture of Father’s Property Based on Son’s Drug Use. The Ontario Court of Appeal considered the interests of justice exemption from forfeiture in circumstances where a property owner had rented a home to his son, who was involved in the drug trade. Continue reading →. Filed under Civil Forfeiture in Ontario. The Defendants, Arthur an...
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Frequently Asked Questions | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/frequently-asked-questions
Civil Forfeiture in Canada. What is civil forfeiture? Civil forfeiture statutes allow provincial governments in Canada to initiate proceedings in a superior court for forfeiture of any piece of property that is suspected to be an instrument of crime or the proceeds of crime. A general description of civil forfeiture in Canada is available here. Which provinces use civil forfeiture? Does civil forfeiture target criminals? What does the Crown have to prove in order to achieve forfeiture? Either an instrume...
civilforfeiture.ca
Civil Forfeiture in Alberta | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/category/alberta
Civil Forfeiture in Canada. Civil Forfeiture in Alberta. Governed by Alberta’s. Victims Restitution and Compensation Payment Act. SA 2001, c V-3.5. Earlier Civil Forfeiture Cases. Alberta (Minister of Justice) v Willis, 2015 ABQB 328 Examination for Discovery Does Not Breach Charter Right to Silence. Filed under Civil Forfeiture in Alberta. Alberta (Justice) v Paasche, 2013 ABCA 301 – Trial Judge Retains Sole Jurisdiction to Adjourn Forfeiture Hearing. Victims Restitution and Compensation Payment Act.
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British Columbia (Director of Civil Forfeiture) v. Crowley, 2013 BCCA 89 – Court Must Consider “Interests of Justice” Before Granting Default Judgement | Civil Forfeiture in Canada
http://www.civilforfeiture.ca/british-columbia-director-of-civil-forfeiture-v-crowley-2013-bcca-89-court-must-consider-interests-of-justice-before-granting-default-judgement
Civil Forfeiture in Canada. British Columbia (Director of Civil Forfeiture) v. Crowley, 2013 BCCA 89 Court Must Consider Interests of Justice Before Granting Default Judgement. In considering this situation, the BC Court of Appeal found that Justice Rogers had erred in finding he had no discretion to hear from Mr. Crowley, and further erred in failing to give reasons for judgement. This decision is a good demonstration of the rule that the interests of justice be fully examined by the court before forfei...
