Civil Forfeiture in Saskatchewan

Governed by Saskatchewan’s Seizure of Criminal Property Act, being Chapter S-46.001 of The Statutes of Saskatchewan, 2005

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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Director under the Seizure of Criminal Property Act, 2009 v Peters, 2012 SKQB 348

Saskatchewan’s Director under the Seizure of Criminal Property Act applied for an indefinite preservation order of $45,360.00 in seized money that was suspected to be the proceeds of crime. The Director claimed a right to apply for indefinite ongoing seizure, pursuant to Queen’s Bench Rule 390, pending the resolution of the civil action for forfeiture of the seized cash. Continue reading

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Mihalyko (Re), 2012 SKCA 44

The Defendant, David Wayne Mihalyko, had pled guilty to trafficking the Controlled Drugs and Substances Act, after he attempted to sell two oxycontin tablets to an undercover police officer for $60. The Defendant’s 1998 Chevrolet Blazer and his Samsung cell phone were seized by police at the time of his arrest, and the Crown sought forfeiture of these items under Saskatchewan’s Seizure of Criminal Property Act. Continue reading

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Anthony Kaytor (Re), 2012 SKQB 79

This involved an application by Saskatchewan’s Director Under The Seizure of Criminal Property Act, seeking forfeiture of a truck which had been used in a drug transaction valued at approximately $160. Continue reading

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Director under the Seizure of Criminal Property Act, 2009 v. Speiler, 2012 SKQB 77

Saskatchewan’s Director under the Seizure of Criminal Property Act applied for an interim preservation order, allowing the Regina Police to continue holding $5,240.00 in cash seized from the Defendant, on suspicion that it was the proceeds of crime. Continue reading

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