McKeachie, James; Simser, Jeffrey --- "Civil Asset Forfeiture in Canada" [2009] ELECD 222; in Young, N.M. Simon (ed), "Civil Forfeiture of Criminal Property" (Edward Elgar Publishing, 2009)

Book Title: Civil Forfeiture of Criminal Property

Editor(s): Young, N.M. Simon

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208262

Section: Chapter 6

Section Title: Civil Asset Forfeiture in Canada

Author(s): McKeachie, James; Simser, Jeffrey

Number of pages: 30

Extract:

6. Civil asset forfeiture in Canada
James McKeachie and Jeffrey Simser*

A substantial proportion of criminal activity makes money, consumes money or
both.1



INTRODUCTION TO CIVIL ASSET FORFEITURE2
Over the past 20 years, there has been considerable attention paid to the rela-
tionship between money and unlawful activity, both domestically and interna-
tionally.3 Civil asset forfeiture or non-conviction based forfeiture is an
important element of this discussion. This chapter canvasses civil asset forfei-
ture in Canada. The authors of this chapter have been at the forefront of
Canadian developments in policy, law and litigation since 2000. The chapter
covers the theoretical underpinnings, legislative techniques and practical
implications of non-conviction based forfeiture. As Canada develops, one
looks to burgeoning jurisprudence in other countries. Wherever possible, rele-
vant cases from the United States (US), Australia, Ireland, South Africa and
the United Kingdom (UK) have been included in the footnotes.



* The views expressed herein are those of the authors personally and do not
represent the views of the government of Ontario or its Ministry of the Attorney
General.
1 See Mariano-Florentino Cueller (2003), `The Tenuous Relationship Between
the Fight Against Money Laundering and the Disruption of Criminal Finance', J Crim
L & Criminology, 93, 311, at p. 323. This 154-page article provides a very interesting
critique of the current investigative, prosecutorial and regulatory system designed to
interdict international criminal finance.
2 Many people refer to civil forfeiture and civil asset forfeiture interchangeably,
we prefer to use the phrase ` ...