The Supreme Court of Canada says the Crown can seek the forfeiture of assets seized in a drug probe even though the criminal cases against most of the accused were set aside.
The case began when several people were charged with offences related to cannabis production in Quebec.
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One of the accused individuals pleaded guilty and charges against the others were stayed due to unreasonable delays.
The Crown made an application in court for the forfeiture of assets, including cash and homes, that were frozen or seized during the investigation.
Owners of the property unsuccessfully moved to dismiss the prosecution’s application on the basis the court had no authority to consider forfeiture because the proceedings were stayed.
The Quebec Court of Appeal subsequently sided with the owners, ruling the court lacked jurisdiction under the legal provisions in question to hear the Crown’s forfeiture application.
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