In the Clarke case, the Defendant Clinton Constantine Clarke was the sole registered owner of a 2003 GMC Yukon, and was caught by an undercover police officer using the vehicle to deal cocaine. On this basis, the vehicle was found to be an instrument of crime.
The Defendant, Noreen Clarke (Mr. Clarke’s mother) claimed to have an ownership interest in the vehicle to the tune of $12,000, which she demonstrated having inherited lawfully from her father. Furthermore, Ms. Clarke was not involved in any way with the trafficking activity.
Mr. Justice Burrows of the Alberta Court of Queen’s Bench ordered that the vehicle be sold and $12,000 be paid to Ms. Clarke. The remainder of the proceeds (i.e. Mr. Clarke’s interest in the vehicle) was ordered forfeit to the Crown.
Decided by the Alberta Court of Queen’s Bench on September 10, 2009.
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