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.
