Legal Question in Criminal Law in Canada
If I want to apply to the Superior Court to set aside the forfeiture or $6,000.00 seized at the time of my arrest, how would I do this? Is there a form to submit to the court? Thanks!"
1 Answer from Attorneys
Property seized by police at the time of arrest is sometimes held because the police believe the property to be the proceeds of crime. Upon conviction, the prosecutor will often apply for forfeiture under the Criminal Code in the court in which the proceedings take place. Where there is no such prosecution or no application for forfeiture, the Province of Ontario sometimes brings proceedings in Superior Court for forfeiture of the "proceeds of unlawful activity" or the "instrument of unlawful activity" under the Civil Remedies Act, 2001.
In any event, you must be put on notice and do have the opportunity to respond. You are entitled to file responding documents, but there is no simple fillable form available for you to complete.
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