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ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)

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Criminal - Sentencing - Forfeiture of Property

. Canada (Attorney General) v. Georgiou

In Canada (Attorney General) v. Georgiou (Ont CA, 2023) the Court of Appeal considered motions for both leave to appeal, and a direct appeal, under the Mutual Legal Assistance in Criminal Matters Act brought by a mother seeking assets forfeited by a US criminal court against the son. The underlying procedure was a relief from forfeiture against 'forfeiture of property' proceeding under CCC 462.42.

In this quote the court characterized the trial court as considering the 'relief from forfeiture' provisions of the proceeds of crime of the CCC:
[23] The application judge noted the parties’ agreement that ss. 462.42(1) and (4) of the Criminal Code governed Loukia’s request for relief from forfeiture. As he summarized it, before his discretion to grant relief could be exercised, Loukia had the onus to show that: (a) she was not charged with or convicted of an offence that resulted in the forfeiture; (b) she is innocent of any complicity or collusion with respect to the offences of which George was convicted; (c) she has a valid interest in the disputed funds; and (d) her interest was not transferred to her under circumstances that give rise to a reasonable inference that the transfer was for the purpose of avoiding forfeiture of the disputed funds.
. R. v. Abdelrazzaq

In R. v. Abdelrazzaq (Ont CA, 2023) the Court of Appeal considered the CCC 462.3(3-4) 'orders of forfeiture of property - fine instead of forfeiture' provisions and their existing doctrine, here at paras 29-62.


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Last modified: 20-07-23
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