Alberta (Minister of Justice) v Willis, 2015 ABQB 328 – Examination for Discovery Does Not Breach Charter Right to Silence

The Defendant, Krysta Elyse Willis, asserted an interest in a Jeep seized from her husband. Willis argued that her interest in the Jeep should be protected on the basis that she had not authorized or permitted her husband to use it for an illegal purpose. Continue reading

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Ontario (Attorney General) v $205,100 In Canadian Currency (In Rem), 2015 ONSC 2097 – Ontario Court Rubber-Stamps Speculative Forfeiture Claim

The Attorney General of Ontario applied for a preservation order pertaining to $205,100 in cash, seized from the Defendant’s apartment. The money was allegedly “tainted with the odour of controlled substances,” although the Attorney General presented no direct evidence as to the origin of the money. Continue reading

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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

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. Continue reading

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British Columbia (Director of Civil Forfeiture) v. Nguyen, 2014 BCCA 460 – “Interests of Justice” a Discretionary Inquiry

The Defendant, Vu Huy Nguyen, appealed an order for full forfeiture of his Vancouver residence. The property in question was used as a “sophisticated” marijuana grow operation and was therefore found to be an instrument of unlawful activity, although “there was insufficient evidence to prove on a balance of probabilities that the Property was initially acquired directly or indirectly as a result of unlawful activity.” Continue reading

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Director of Civil Forfeiture v. Robinson and Allwright, 2014 BCSC 2083 – Director’s Frivolous Claim Puts Defendant to Unnecessary Expense

The Director of Civil Forfeiture sought an interim preservation order of a pickup truck after police received information “from a confidential source” that the truck was being driven by an intoxicated male who was prohibited from driving. By the time police caught up to the truck, the driver had allegedly switched seats with his female passenger, who was not intoxicated and was the lawful owner of the truck. Continue reading

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Director of Civil Forfeiture v. Hells Angels Motorcycle Corporation, 2014 BCCA 330 – Director Must Disclose Wiretap Surveillance Information

The Director of Civil Forfeiture sought to appeal a Supreme Court Chambers judge’s decision to “unseal” various affidavits used to obtain authorizations for wiretap surveillance of the Nanaimo Hells Angels. Although the fruits of the surveillance had initially been used to lay criminal charges, those charges were later stayed, and the Civil Forfeiture Office sought to rely on the same information in support of a bid to seize the Hells Angels clubhouse in Nanaimo. Continue reading

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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

The Crowley 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. Continue reading

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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 Charter arguments which might be available to individuals but unavailable to the corporate defendant: Continue reading

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Ontario (Attorney General) v. 714 Railton Avenue, 2014 ONCA 397 – Criminal Sentencing Relevant to “Interests of Justice” Defence

The Railton Avenue appeal involved judicial consideration of the scope of the “interests of justice defence,” and specifically the implications of the criminal sentencing process in determining whether a given forfeiture application is “contrary to the interests of justice.” Continue reading

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Ontario (Attorney General) v. 20 Strike Avenue, 2014 ONCA 395 – Court Refuses Forfeiture of Father’s Property Based on Son’s Drug Use

In Strike Avenue, 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

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