Lois McKenzie

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.

The appellant appealed his sentence for crack-cocaine trafficking and failure to comply with recognizance.

He argued the sentence was outside the appropriate range and that the trial judge failed to consider his medical condition and the impact of pre-trial custody.

The Court of Appeal dismissed these arguments, finding the sentence was within the appropriate range given the nature of the offence and the appellant's role.

However, the court varied the sentences for failure to comply with recognizance to time served, as the original sentences exceeded the maximum available.