The appellant was acquitted of possession of proceeds of crime after over $1.2 million in cash was excluded from his criminal trial under s. 24(2) of the Charter.
The Crown subsequently applied for forfeiture of the cash under s. 490(9) of the Criminal Code.
The trial judge conducted a fresh s. 24(2) analysis, admitted the evidence, and ordered forfeiture.
On appeal, the appellant argued that his acquittal created an issue estoppel preventing the trial judge from finding his possession was unlawful or conducting a fresh s. 24(2) analysis.
The Court of Appeal dismissed the appeal, holding that the acquittal did not logically necessitate a finding of lawful possession, and that a s. 24(2) analysis in a forfeiture proceeding involves different considerations than in a criminal trial.