The Attorney General brought motions for a preservation order under the Civil Remedies Act, 2001 regarding $7,950.05 seized from an individual during a traffic stop and a subsequent search warrant execution, and for an order dispensing with service on that individual.
The court found that the Attorney General had made diligent but unsuccessful efforts to locate and serve the individual, making service impractical, and that dispensing with service was in the interests of justice.
The court also found reasonable grounds to believe the currency was the proceeds or an instrument of drug trafficking, and granted the preservation order, leaving any potential Charter issues regarding the continued detention of the funds to be decided at the forfeiture hearing.