The applicant, facing multiple charges including drug trafficking, firearms offences, and first-degree murder, applied under s. 462.34(4)(c) of the Criminal Code for the release of $459,595 seized by police to pay his legal expenses.
While the Crown conceded the applicant had an exclusive interest in the funds, the court found the applicant failed to establish on a balance of probabilities that he lacked other financial resources to retain counsel.
The application was dismissed due to a dearth of financial information provided by the applicant.