Police seized $100,000 in cash from the trunk of a rental vehicle during a traffic stop and detained it as offence-related property under s. 490(1) of the Criminal Code.
The accused applied under s. 462.34(4) of the Criminal Code for release of a portion of the seized funds to retain counsel for upcoming criminal proceedings.
The Crown argued the court lacked jurisdiction to release offence-related property for legal expenses.
The court rejected that position, relying on jurisprudence recognizing access to seized funds for reasonable legal fees where necessary to preserve the right to counsel and a fair trial.
The court ordered $25,000 released to defence counsel in trust for legal fees, subject to accounting safeguards.
