Canadian Currency (In Rem), 2015 ONSC 1971
COURT FILE NO.: CV-15-1435-00
DATE: 2015 03 25
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ONTARIO (ATTORNEY GENERAL) v. $37,465.00 IN CANADIAN CURRECNCY (IN REM)
BEFORE: FAIRBURN J
COUNSEL: Marie Jean Dixon, for the Attorney General
HEARD: March 25, 2015
ENDORSEMENT
[1] I have reviewed the motion record, factum and book of authorities provided to the court on this ex parte motion brought by the Attorney General of Ontario to preserve alleged proceeds of unlawful activity and/or an instrument of unlawful activity within the meaning of the Civil Remedies Act, 2001 S.O. 2001, c.28. Where there is a pending or intended future forfeiture proceeding pursuant to ss. 3(1) and/or 8(1) of the Act, then an interlocutory order can be made to preserve, manage or dispose of property that is the subject of that proceeding. The application for temporary preservation is brought pursuant to ss. 4(1)(2) and 9(1)(2) of the Civil Remedies Act.
[2] The Attorney General will ultimately seek the forfeiture of $37,465 that is said to be rooted in criminal activity, specifically trafficking in a controlled substance (cocaine). Having reviewed the affidavit of Constable Scott Besco of the Peel Regional Police, I have reasonable grounds to believe that the funds sought to be preserved pending the full application for forfeiture are the proceeds of unlawful activity. Mr. Hopeton Lewis’ home was searched on the basis of a presumptively valid search warrant. In the home, among other things, including a large quantity of secreted cocaine, was $8,450 in cash hidden in a DVD case in Mr. Lewis’ bedroom. Upon his arrest, he was also found to have $1,835 in cash. A day after the search of the home, another presumptively valid search warrant was used to enter a safety deposit box registered to Mr. Lewis. In it the police found $10,000. A day later another safety deposit box was entered, again with presumptively valid judicial authorization and another $16,780 in cash was found. This safety deposit box was also registered to Lewis.
[3] I note that Mr. Lewis was committed to trial on the possession for the purpose of trafficking charge. This means that a properly instructed jury could find him guilty of this offence. I also note that the proceeds of crime charge was withdrawn. This could simply be the result of an exercise of prosecutorial discretion and, having regard to the factual backdrop set out in Constable Besco’s affidavit, it does not dilute my reasonable grounds to believe that the money that is the subject of this application resulted from unlawful activity. I am further satisfied pursuant to ss. 4(2) and 9(2) of the Act that it would not be “clearly” not in the interests of justice to make this preservation order.
[4] Order to go as per draft.
FAIRBURN J
DATE: March 25, 2015
Canadian Currency (In Rem), 2015 ONSC 1971
COURT FILE NO.: CV-15-1435-00
DATE: 2015 03 25
SUPERIOR COURT OF JUSTICE
- ONTARIO
RE: ONTARIO (ATTORNEY GENERAL) v. $37,465.00 IN CANADIAN CURRECNCY (IN REM)
BEFORE: FAIRBURN J
COUNSEL: Marie Jean Dixon, for the Attorney General
ENDORSEMENT
FAIRBURN J
DATE: March 25, 2015