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This area of law has recently become a significant weapon used by the Prosecution.  After a conviction is registered, the Crown Prosecutor will seek a sentence in accordance with the law but may also look to seize any property which they perceive might fit within the definition of “proceeds of crime”.   They have this power and can use it.

s. 462.3 defines “proceeds of crime” as any property, benefit or advantage, within or outside  Canada, obtained or derived directly or indirectly as a result of;

  1. the commission in Canada of a designated offence, or
  2. an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

“Designated Offence” means

  1. any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or
  2. a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counseling in relation to, an offence referred to in paragraph (a).

The definition of designated offence covers virtually everything imaginable.

S. 462.37 deals with the forfeiture of proceeds of crime after an accused person has been convicted of a designated offence.

Note:  the order can encompass properties outside of Canada

This area of the law is extremely complex and the need to have an experienced lawyer is very important.

CALL DALEY BYERS:   WE CAN HELP

Read about Relevant Sections of the Criminal Code on Proceeds of Crime.