The accused applied under s. 462.34 of the Criminal Code for the return of seized funds alleged to be proceeds of crime in order to pay legal expenses in defending drug trafficking and proceeds charges.
The Crown argued the accused should first seek Legal Aid funding before accessing the seized funds.
The court held that while Legal Aid is a relevant consideration, an application for Legal Aid is not a mandatory prerequisite where the accused has a reasonable basis to retain chosen counsel and lacks other assets.
The court authorized limited release of the seized funds to pay reasonable legal fees at reduced hourly rates and set a capped budget for defence costs.
The order included strict conditions governing the transfer, use, and potential taxation of legal fees.
