Post-conviction Forfeiture Orders

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 362-368

362 Post-trial Matters / Special Post-conviction Procedures / Forfeiture of the Proceeds of Crime

4.2(c)(i) Post-conviction Forfeiture Orders

Has the oender been convicted or discharged

of a designated oence?1

Yes No

Yes

Forfeiture order unavailable

Did the oender commit

the oence in relation to

proceeds of crime?2

Yes

The court shall

make a forfeiture

order4

No

No Does the oender hold

proceeds of crime related

to another oence?3

Yes

The court

may make a

forfeiture order5

Forfeiture

order

unavailable

Has the oender been convicted of a s 462.37(2.02) oence?6

Has the oender engaged in a pattern

of criminal activity within the previous

ten years?7

Is the value of the oender’s property

inconsistent with their legitimate income?8

Yes

Yes

The court shall make a

forfeiture order9

No

No

No

The purpose of this chart is to illustrate the operation of s 462.37 CriminalCode,

RSC 1985, c C-46 [Code], which authorizes the forfeiture of the proceeds of

crime upon convicting or discharging an accused of certain oences. Section

462.37 is an integral component of Part XII.2 of the Code, which Parliament

introduced in 1988 to address the problem of oenders proting from their of-

fences, by allowing prots earned by criminal means to be located, seized, and

conscated: Quebec (AG) v Laroche, 2002 SCC 72 at paras 23–25. Part XII.2 is, in

other words, a comprehensive statutory scheme intended “to give eect to the