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section 462.34(6)
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462.34(6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied (a) where the application is made by (i) a person charged with a designated offence, or (ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property, that a warrant should not have been issued pursuant to section 462.32 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, or (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property, and that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding.

impaired-driving-and-dui-over-80-reviewA criminal defence lawyer's update of the law of impaired driving, over 80, refuse to provide sample and DUI. The analysis includes recent trends in the Ottawa criminal justice courts.

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