INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the enforcement of property orders made in one province to be recognized and enforced in another province.
SECTION WORDING
462.371(3) Where the Attorney General of a province in which property that is the subject of an order made in another province is situated receives a certified copy of the order and files it with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.
EXPLANATION
Section 462.371(3) of the Criminal Code of Canada is an important subsection in the code, as it outlines the procedure to be followed when an order is made in one province in relation to property located in another province. This section establishes a mechanism to extend the reach of a court order made in one province to be enforced in another province. The subsection provides that where an order is made in one province relating to property located in another province, the Attorney General of the province where the property is situated must be notified. The Attorney General must then file a certified copy of the order with the superior court of criminal jurisdiction in that province. Once this has been done, the order will be entered as a judgement of that court, and can be enforced in the same way as if it had been made by that court in the first place. This subsection is particularly relevant in cases where a province has obtained a restraint order, which is an order that freezes or seizes property that is believed to be the proceeds of criminal activity. In such cases, it is important to ensure that the order can be enforced in the province where the property is located, in order to prevent the property from being moved or dissipated in some other way. By following the procedure set out in section 462.371(3), the order can be effectively enforced across provincial borders, which helps to ensure that the objectives of the order are achieved.
COMMENTARY
The provision found in section 462.371(3) of the Criminal Code of Canada outlines the circumstances under which an order made in one province will be enforced in another. This section is intended to facilitate the enforcement of restraining orders and forfeiture orders across provincial borders, ensuring that these orders are given full legal force and effect in all jurisdictions. The purpose of this provision is to ensure that individuals who have been ordered to forfeit property or to refrain from certain activities cannot simply flee to another province or jurisdiction to avoid the consequences of their actions. By providing a mechanism for enforcing orders across provincial borders, this section helps to ensure that individuals are held accountable for their actions and that justice is served. Specifically, the provision requires that the Attorney General of the province in which the property subject to the order is located receives a certified copy of the order and files it with the superior court of criminal jurisdiction in that province. Once this has been done, the order is entered as a judgment of that court and is enforceable in the same way as any other court judgment. One potential benefit of this provision is that it ensures that the enforcement of restraining and forfeiture orders is consistent across all jurisdictions in Canada. This helps to avoid situations where individuals are treated differently depending on where they happen to be located at the time the order is made, and ensures that justice is served regardless of where a crime may have been committed. However, enforcing orders across provincial borders can also present challenges. For example, it may be difficult to locate and seize property that is located in another province, or to enforce an order against someone who has fled to another jurisdiction. In such cases, it may be necessary to seek assistance from local law enforcement agencies or to pursue other legal remedies to ensure that the order is enforced. In addition, there may be legal or constitutional issues that arise when orders made in one province are enforced in another. For example, there may be questions about the scope of the authority of provincial courts to enforce orders from other jurisdictions, or about the extent to which fundamental rights and freedoms may be affected by such orders. Overall, section 462.371(3) of the Criminal Code of Canada is an important provision that helps to ensure that restraining and forfeiture orders are enforced consistently across all Canadian jurisdictions. While there may be challenges and limitations associated with enforcing orders across provincial borders, this section helps to ensure that the criminal justice system is able to hold individuals accountable for their actions and protect the rights and interests of victims and society as a whole.
STRATEGY
Section 462.371(3) of the Criminal Code of Canada is an essential tool for enforcing forfeiture orders and confiscation orders across provinces. When a province receives a certified copy of an order made in another province, it can file it with the superior court in the province where the property is situated, and the order will be entered as a judgment of that court. This provision of the Criminal Code is an important instrument in the fight against organized crime and other criminal activities related to money laundering, fraud, and drug trafficking. Strategic considerations when dealing with this section of the Criminal Code of Canada include the following: 1. Timing: Timing is a crucial aspect when dealing with the section 462.371(3). It is essential to file the certified copy of the order with the superior court of criminal jurisdiction as soon as possible to ensure that the order is entered as a judgment of that court. Delay in filing the document can lead to difficulties in enforcing the order. 2. Jurisdiction: Jurisdiction is another significant consideration when dealing with this section of the Criminal Code of Canada. The province where the property is situated must have jurisdiction over the property before the order can be enforced. It is essential to ensure that the property is within the province's jurisdiction before taking action under this provision. 3. Legal counsel: It is essential to engage the services of a knowledgeable and experienced legal counsel when dealing with this section of the Criminal Code. The legal counsel can provide guidance on the legality of the order, the jurisdictional issues, and the procedures for enforcing the order. 4. Cooperation: Cooperation is essential when dealing with the Criminal Code's provisions on forfeiture and confiscation orders. It is essential to collaborate with other provinces, law enforcement agencies, and other stakeholders to ensure that the order is enforced effectively. Strategies that could be employed when dealing with this section of the Criminal Code of Canada include the following: 1. Asset seizure: Asset seizure is an option that can be employed before enforcing the forfeiture or confiscation order. Seizing the property can prevent the defendant from disposing of the property or transferring it to other jurisdictions. 2. Negotiation: Negotiation is another strategy that could be employed when dealing with this section of the Criminal Code of Canada. Negotiation could be used to ensure that the property is returned or sold to the victim of the crime or the state. 3. Cooperation: Cooperation is essential when dealing with the section 462.371(3). The stakeholders involved must cooperate for the order to be enforced effectively. Cooperation could be in the form of sharing information, providing resources, or collaborating on the enforcement of the order. 4. Public education: Public education is another strategy that could be employed when dealing with this section of the Criminal Code of Canada. Educating the public on the dangers of organized crime and criminal activities related to money laundering, fraud, and drug trafficking can prevent the occurrence of such crimes in the first place. In conclusion, the section 462.371(3) of the Criminal Code of Canada is an essential tool for enforcing forfeiture and confiscation orders across provinces. Strategic considerations when dealing with this section include timing, jurisdiction, legal counsel, and cooperation. Strategies that could be employed when dealing with this section include asset seizure, negotiation, cooperation, and public education.