The Attorney General brought an ex parte motion for a preservation order under the Civil Remedies Act, 2001 in advance of an intended forfeiture application concerning seized currency.
The cash was found in a shoebox in the trunk of a vehicle driven by an individual arrested for possession of a controlled substance.
The court held that a prior Criminal Code s. 490(9) return order did not bar relief under the Act, particularly where the return order expressly preserved potential proceedings under the Act.
Satisfied there were reasonable grounds to believe the funds were proceeds of unlawful activity and that the order was not clearly contrary to the interests of justice, the court granted the preservation order.
