The appellants were stopped at an airport and searched on suspicion of being drug couriers.
Police seized approximately $61,445 in cash without a warrant.
The Crown applied for forfeiture under s. 490(9) of the Criminal Code.
The justice of the peace dismissed the application, ruling all hearsay evidence inadmissible, and ordered the money returned.
The summary conviction appeal judge allowed the Crown's appeal, ruling hearsay admissible if credible, and ordered a new hearing.
The Court of Appeal dismissed the appellants' appeal, holding that the ordinary rules of evidence apply to s. 490(9) hearings, meaning hearsay is only admissible if it meets the necessity and reliability criteria.
The Court also held that the justice of the peace erred in automatically ordering the return of the money; the appellants must initiate a separate proceeding, such as a Charter application, to seek its return.
