Third-Party Relief from Forfeiture Orders

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 370-375

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

4.2(c)(ii) Third-Party Relief from Forfeiture Orders

Is someone’s property interest

aected by a forfeiture order?1

Yes

No

Relief from forfeiture

unavailable

Were they charged with or

convicted of an oence resulting in

the order?2

No

Have they connived in a transfer of

property to avoid forfeiture?3

Yes

Yes

No

Do they appear innocent of

complicity or collusion in the oence

resulting in the order?4

No

Yes

The court may make an

order exempting the property

from forfeiture5

In some cases, forfeiture orders may aect the interests of innocent third par-

ties. This chart illustrates applications for third-party relief from forfeiture

after those orders are made, when “the dispute is no longer . . . between the

oender and the Crown, but . . . between the Crown and the third-party ap-

plicant”: R c 170888 Canada Ltée (1979), 135 CCC (3d) 367 at para 41 (Que CA).

(Relief from forfeiture is also available before forfeiture orders are made, as

explained below.) Anyone with an interest in property that is aected by a for-

feiture order, other than someone charged with or convicted of a designated

oence resulting in the order, or who connived in a transfer of property to

avoid forfeiture, may apply in writing to a superior court judge within thirty

days of the order being made for relief: see s 462.42(1) of the Criminal Code,

RSC 1985, c C-46 [Code]. If the judge is satised that the applicant meets these

conditions, and also that they appear “innocent of any complicity in any des-