The Supreme Court of Canada says the Crown can search the forfeiture of property seized in a drug probe regardless that the felony circumstances in opposition to many of the accused have been put aside.
The case started when a number of folks have been charged with offences associated to hashish manufacturing in Quebec.
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One of many accused people pleaded responsible and costs in opposition to the others have been stayed attributable to unreasonable delays.
The Crown made an software in court docket for the forfeiture of property, together with money and houses, that have been frozen or seized through the investigation.
House owners of the property unsuccessfully moved to dismiss the prosecution’s software on the idea the court docket had no authority to contemplate forfeiture as a result of the proceedings have been stayed.
The Quebec Courtroom of Attraction subsequently sided with the homeowners, ruling the court docket lacked jurisdiction below the authorized provisions in query to listen to the Crown’s forfeiture software.
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