Post-conviction Forfeiture Orders

AuthorSteve Coughlan/Alex Gorlewski
Pages362-368
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 Criminal Code,
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

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