Seizure Criminal Prop. Act v. Rapin, (2015) 469 Sask.R. 304 (QB)

Judge:Megaw, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:February 06, 2015
Jurisdiction:Saskatchewan
Citations:(2015), 469 Sask.R. 304 (QB);2015 SKQB 37
 
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Seizure Criminal Prop. Act v. Rapin (2015), 469 Sask.R. 304 (QB)

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Temp. Cite: [2015] Sask.R. TBEd. MR.015

The Director Under The Seizure of Criminal Property Act, 2009 (plaintiff/applicant) v. Joey Rapin and the Chief of Police of the Weyburn Police Service (defendants/respondents) and NSWB Law Firm Prof. Corp. (defendant/respondent)

(2014 Q.B. No. 2348; 2015 SKQB 37)

Indexed As: Director Under The Seizure of Criminal Property Act, 2009 v. Rapin et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Megaw, J.

February 6, 2015.

Summary:

A vehicle and cash were seized from Rapin when he was arrested on drug charges. He pled guilty to possession of cocaine for the purpose of trafficking and possession of the proceeds of crime. The Director sought a forfeiture order under the Seizure of Criminal Property Act. Rapin did not appear. The respondent law firm was the holder of a registered writ of execution against Rapin's "goods and lands". At issue was whether the law firm was entitled to a protection order under s. 8 of the Act.

The Saskatchewan Court of Queen's Bench held that, subject to s. 8, the vehicle and cash were proceeds of unlawful activity. The law firm's interest under the writ of execution was an interest in Rapin's property and was entitled to a protection order under ss. 10(1) and 10(2) of the Act.

Criminal Law - Topic 7002

Civil Remedies Act, Civil Forfeiture Act, etc. - General - Legislation - [See Criminal Law - Topic 7066 ].

Criminal Law - Topic 7062

Civil remedies for unlawful activity (Civil Remedies Act, Civil Forfeiture Act, etc.) - Remedies - Forfeiture - [See Criminal Law - Topic 7066 ].

Criminal Law - Topic 7066

Civil remedies for unlawful activity (Civil Remedies Act, Civil Forfeiture Act, etc.) - Remedies - Protection order - A vehicle and cash were seized from Rapin when he was arrested on drug charges - He pled guilty to possession of cocaine for the purpose of trafficking and possession of the proceeds of crime - The Director sought a forfeiture order under the Seizure of Criminal Property Act - Rapin did not appear - The respondent law firm was the holder of a registered writ of execution against Rapin's "goods and lands" - At issue was whether the law firm was entitled to a protection order under s. 8 of the Act - The Saskatchewan Court of Queen's Bench held that, subject to s. 8, the vehicle and cash were proceeds of unlawful activity - If the law firm was entitled to a protection order under s. 9 or 10, s. 8 required the court to issue the order - Section 9, which provided for a protection order for enumerated entities, did not apply here - Section 10 was a more general provision, allowing parties to claim an entitlement that would otherwise be forfeited - Section 10 should be broadly interpreted to allow those advancing a claim to come before the court to establish that they did not fall within the exceptions - The law firm's interest under the writ of execution was an interest in Rapin's property and was entitled to a protection order under ss. 10(1) and 10(2) of the Act - It was not in the interests of justice to refuse a protection order as provided for under s. 8(3).

Cases Noticed:

Director Under The Seizure of Criminal Property Act, 2009 v. Kaytor et al., [2012] Sask.R. Uned. 104; 2012 SKQB 346, refd to. [para. 35].

Statutes Noticed:

Seizure of Criminal Property Act, S.S. 2009, c. S-46.002, sect. 8 [para. 22]; sect. 9 [para. 24]; sect. 10 [para. 26].

Counsel:

Tammy E. Pryznyk, for the applicant;

Michael R. Weger, for the respondents, NSWB Law Firm Prof. Corp.

This application was heard by Megaw, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on February 6, 2015.

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