M. Campbell

The Crown sought a preservation order under the Civil Remedies Act for currency previously seized by police.

The respondent argued the motion was an impermissible collateral attack on a prior Disposition Order under s. 490 of the Criminal Code that had ordered the funds returned to him.

The court rejected this argument, finding that an order under s. 490 only establishes the right to regain property after a criminal investigation and does not preclude civil forfeiture proceedings.

The preservation order was granted.

The appellant pleaded guilty to criminal negligence causing death after her two-year-old daughter died of heat stroke.

She was sentenced to 6 years' imprisonment less 6 months' credit for time served.

On appeal, she argued the sentencing judge erred in his findings regarding her beating of the child, in refusing credit for pre-trial house arrest, and in determining the sentencing range.

The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's factual findings, exercise of discretion regarding pre-trial custody credit, or the fitness of the sentence given the high level of moral blameworthiness and vulnerability of the victim.