Civil Forfeiture in Nova Scotia

Governed by Nova Scotia’s Civil Forfeiture Act, CHAPTER 27 OF THE ACTS OF 2007

Nova Scotia (Civil Forfeiture) v. Walsh, 2013 NSSC 130

Building on the analysis set out in the Allen 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

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Nova Scotia (Civil Forfeiture) v. McNamara, 2013 NSSC 129

Gerald McNamara, a known drug dealer with four trafficking-related convictions between December 2007 and June 2012, had been observed by police engaging in an “exchange” with another individual then engaging in “several short cell phone calls.” Police proceeded to search Mr. McNamara and found him to be in possession of cocaine, marijuana, and $2,494.41 in cash. Continue reading

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Nova Scotia (Civil Forfeiture) v. Allen, 2013 NSSC 109 – Crown Must Meet Evidentiary Burden to Justify Forfeiture

Allen is the first civil forfeiture case to reach the courts in the Province of Nova Scotia. In considering the Crown’s application for default judgement, Mr. Justice Wood clarified that even in circumstances where no defence has been filed, the Manager of Civil Forfeiture must meet an evidentiary burden to demonstrate that forfeiture is warranted: Continue reading

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