E. Carley

The Federal Crown and a court-appointed Receiver applied to vary a forfeiture order that required the destruction of seized electronic devices and documents, as the CRA and the Receiver sought access to them for ongoing investigations into an illegal pyramid scheme.

The court held it lacked jurisdiction to use certiorari to set aside the destruction order made under s. 490.1(1) of the Criminal Code because a statutory right of appeal to the Court of Appeal existed.

However, the court granted the Receiver's application under s. 490.5, declaring its interest unaffected and suspending the destruction order, and allowed the appeal to set aside the destruction order made under s. 490(9).

The applicant, charged with importing cocaine, brought a Rowbotham application seeking state-funded counsel after being refused Legal Aid.

The court found that while the charges were serious and counsel was essential for a fair trial, the applicant failed to prove she was indigent.

The court rejected her evidence regarding her financial circumstances, noting unexplained frequent international travel and large cash transfers while purportedly living solely on disability benefits.

The application was dismissed.