section 117.03(3)

INTRODUCTION AND BRIEF DESCRIPTION

Property seized and not claimed can be declared forfeited to the government by a provincial court judge.

SECTION WORDING

117.03(3) Where any thing seized pursuant to subsection (1) is not claimed and returned as and when provided by subsection (2), a peace officer shall forthwith take the thing before a provincial court judge, who may, after affording the person from whom it was seized or its owner, if known, an opportunity to establish that the person is lawfully entitled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs.

EXPLANATION

Section 117.03(3) of the Criminal Code of Canada deals with the legal framework for the forfeiture of items seized as a result of criminal investigations or proceedings. This provision applies in the event that a seized item is not claimed and returned after a specified period, during which the rightful owner has the opportunity to establish lawful entitlement to possess it. The section empowers a peace officer to take the seized item before a provincial court judge, who is authorized to order its forfeiture to the Crown if necessary. It is important to note that the judge must provide the person from whom the item was seized or its owner, if known, with an opportunity to establish their lawful entitlement to possess the item before ordering forfeiture. The concept of forfeiture is an essential tool in fighting criminal activity and proceeds of crime. The objective of forfeiture is to deprive criminals of the benefit of their unlawful activity and to deter criminal activity from occurring. By forfeiting items to the government, the authorities can ensure that the benefits of criminal activity cannot be enjoyed by those who sought to profit from them. Overall, Section 117.03(3) creates a framework to ensure that items seized as a result of criminal activity are dealt with in accordance with the law and ensures that the rightful owners have the opportunity to demonstrate their lawful entitlement to the seized item. The provision aligns with the Criminal Code of Canada's mandate to promote justice and prevent criminal activity by establishing clear legal frameworks to curb illegal activities, prosecute offenders, and protect the public.

COMMENTARY

Section 117.03(3) of the Criminal Code of Canada deals with the procedures for the forfeiture of seized property. In general, the section provides that if property is seized by a peace officer pursuant to subsection (1), and the property is not claimed and returned as provided by subsection (2), then the peace officer must take the property before a provincial court judge. The judge will then determine whether the person from whom the property was seized or its owner, if known, is lawfully entitled to possess it. If the judge determines that the person is not entitled to possess the property, the property will be declared forfeited to Her Majesty, to be disposed of or dealt with as the Attorney General directs. Seizure of property by peace officers is a common occurrence in criminal investigations. The purpose of such seizures is usually to preserve evidence or to prevent the property from being used in further criminal activity. However, the seizure of property can also be used as a way to deprive criminals of the proceeds of their illegal activities. For example, property that has been used in the commission of a crime, such as a vehicle used to transport drugs, can be seized and forfeited to the government. The procedures for seizing and forfeiting property are set out in various sections of the Criminal Code of Canada. Section 117.03(1) provides that where a peace officer believes that property is evidence of an offence, or is being used to commit an offence, the officer may seize the property. Section 117.03(2) provides that where property is seized under subsection (1), the peace officer must provide notice to the person from whom the property was seized or its owner, if known, of the seizure and of the person's right to claim the property. Section 117.03(3) provides that where the property is not claimed and returned as provided by subsection (2), a provincial court judge must be involved in the decision to forfeit the property to the government. This is an important safeguard for property owners, as it ensures that they have an opportunity to challenge the seizure of their property. The judge must afford the person from whom the property was seized or its owner an opportunity to establish that the person is lawfully entitled to possess it. This might involve showing that the property was not being used in the commission of a crime, or that the person acquired the property through legal means. If the judge determines that the person is not entitled to possess the property, the property will be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs. The purpose of this forfeiture is to deprive criminals of the proceeds of their illegal activities. This can serve as a deterrent to further criminal activity, as criminals are less likely to commit crimes if they know that the proceeds of their activities will be seized and forfeited to the government. In conclusion, section 117.03(3) of the Criminal Code of Canada provides important safeguards for property owners by requiring that a provincial court judge be involved in the decision to forfeit seized property to the government. This ensures that owners have an opportunity to challenge the seizure of their property and that the government is not able to simply seize property without showing that it was being used in the commission of a crime. The forfeiture of property is an important tool in the fight against crime, as it deprives criminals of the proceeds of their illegal activities and serves as a deterrent to further criminal activity.

STRATEGY

Section 117.03(3) of the Criminal Code of Canada is a provision that allows for the forfeiture of property that has been seized during the course of a criminal investigation or prosecution. This provision can have significant implications for individuals and organizations that have had property seized by law enforcement, as the forfeiture of property can result in substantial financial losses and other adverse consequences. One of the key strategic considerations when dealing with section 117.03(3) is the importance of responding promptly and proactively to any seizure of property by law enforcement. This can involve taking steps to gather information about the reasons for the seizure, the legal basis for the seizure, and the options and processes for challenging the seizure. By taking these steps early on in the process, individuals and organizations can better position themselves to respond effectively to any potential forfeiture proceedings and to protect their interests. Another important strategic consideration is the need to carefully assess the legal and factual basis for any potential forfeiture proceedings. This can involve conducting a thorough review of the relevant criminal and forfeiture laws, as well as gathering evidence and other information to support a challenge to the forfeiture. Depending on the circumstances, it may be possible to challenge the seizure and subsequent forfeiture on a number of grounds, including claims that the seizure was unlawful, that the property was not linked to criminal activity, or that the individual or organization was not involved in any wrongdoing. In addition to these legal strategies, there are a number of other strategic considerations that individuals and organizations can employ when dealing with section 117.03(3). For example, it may be possible to engage in advocacy and public relations campaigns to raise awareness of the negative impacts of forfeiture on innocent individuals and organizations. This can help to build political and public support for reforms to the forfeiture laws, and can also help to counter negative stereotypes and misconceptions about the individuals and organizations that are impacted by forfeiture. Overall, there are a range of strategic considerations and strategies that can be employed when dealing with section 117.03(3) of the Criminal Code of Canada. By being proactive, vigilant, and strategic in their response to seizures and potential forfeiture proceedings, individuals and organizations can better protect their rights and interests, and can help to ensure that the forfeiture laws are applied fairly and justly.