section 462.45

INTRODUCTION AND BRIEF DESCRIPTION

This section states that the operation of an order of forfeiture or restoration of property is suspended pending any legal proceedings.

SECTION WORDING

462.45 Despite anything in this Part, the operation of an order of forfeiture or restoration of property under subsection 462.34(4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43 is suspended pending (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for the restoration or forfeiture of such property, (b) any appeal taken from an order of forfeiture or restoration in respect of the property, or (c) any other proceeding in which the right of seizure of the property is questioned, and property shall not be disposed of within thirty days after an order of forfeiture is made under any of those provisions.

EXPLANATION

Section 462.45 of the Criminal Code of Canada is an important provision that governs how orders of forfeiture or restoration of property are to be executed in criminal proceedings. In general, this section states that the operation of such orders is suspended pending various legal proceedings that may arise in relation to the property in question. Specifically, subsections (a), (b), and (c) of section 462.45 outline three scenarios in which the operation of an order of forfeiture or restoration may be suspended. First, if any application is made in respect of the property under any provision of the Criminal Code or any other statute that deals with the restoration or forfeiture of property, the order may be suspended while such application is pending. Second, if there is an appeal taken from an order of forfeiture or restoration, the order may also be suspended until such appeal is resolved. Finally, if there is any other proceeding in which the right of seizure of the property is questioned, the order may be suspended until that proceeding is resolved. This section also places a restriction on the disposal of property within thirty days after an order of forfeiture is made under any of the provisions listed in this section. This restriction is designed to protect the rights of the owner of the property while legal proceedings are ongoing, and to ensure that property is not disposed of prematurely. Overall, Section 462.45 is an important safeguard that ensures that property is only forfeited or restored in accordance with the law, and that the rights of all parties involved are protected throughout the legal process.

COMMENTARY

Section 462.45 of the Criminal Code of Canada provides a safeguard for individuals or entities who may see their property seized or forfeited by the government. The section states that the operation of an order of forfeiture or restoration of property under specific provisions of the Criminal Code is suspended pending certain events. Firstly, if an application is made in respect of the property under any of the specified provisions or any other provision of this or any other Act of Parliament that provides for the restoration or forfeiture of such property, the operation of the order is suspended. This means that the government cannot proceed with the forfeiture until any application that has been made is resolved. Secondly, any appeal taken from an order of forfeiture or restoration in respect of the property suspends the operation of the order. This allows individuals or entities to appeal the decision and potentially have the order overturned. Thirdly, any other proceeding in which the right of seizure of the property is questioned also suspends the operation of the order. This means that if there is any uncertainty about the legality of the seizure, the government cannot proceed with the forfeiture until the issue is resolved. It is important to note that property cannot be disposed of within thirty days after an order of forfeiture is made under any of those provisions. This is an important safeguard to ensure that individuals or entities have adequate time to challenge the order and potentially have their property restored. This section of the Criminal Code is important as it provides a level of protection for individuals and entities whose property may be seized or forfeited by the government. It ensures that the government cannot proceed with the forfeiture until any legal challenges are resolved. This is an important safeguard in a free and democratic society, as it protects individuals and entities from potentially arbitrary seizures of their property. Overall, Section 462.45 of the Criminal Code of Canada is an important provision that protects the property rights of Canadians. It ensures that the government cannot arbitrarily seize or forfeit property without due process of law. This is a crucial safeguard in any democratic society, as it protects individuals and entities from overreach by the government.

STRATEGY

Section 462.45 of the Criminal Code of Canada provides for the suspension of the operation of an order of forfeiture or restoration of property under certain circumstances. This section of the law involves key strategic considerations that must be taken into account when dealing with property forfeiture cases. Some of the critical issues and strategies that could be employed in conjunction with this section of the Criminal Code of Canada are discussed below. One of the most important strategic considerations when dealing with section 462.45 is timing. Specifically, individuals and organizations who have had their property seized pursuant to an order of forfeiture or restoration under the relevant subsections will need to factor in the time frames provided in the law. For instance, any application made in respect of the property under this law has the effect of suspending the operation of the order of forfeiture or restoration, meaning that the property cannot be disposed of within thirty days after an order of forfeiture is made. As such, individuals or organizations intending to seek a review of the forfeiture order must act quickly to ensure that they can take advantage of this provision. Another important consideration is the question of whether the property can be sold or transferred during the suspension period. According to the law, no property may be disposed of within thirty days after an order of forfeiture is made under any of the relevant provisions. This means that if the order of forfeiture or restoration is suspended pending an appeal, for example, then the property may not be sold or transferred during this period. If the property is sold or transferred in contravention of this law, the court may order the property to be returned or compensate the party that the property was taken from. The third strategic consideration is the nature of the application or appeal being made under the relevant provisions of the Criminal Code. Subsection 462.45 provides for a suspension of the operation of an order of forfeiture or restoration while any application in respect of the property is pending. This means that any person can make an application in respect of the property under any of those provisions or any other provision of the Criminal Code or any other Act of Parliament that provides for the restoration or forfeiture of such property. The application must be relevant to the property in question and must be made within the time frame provided for under the relevant provisions. Finally, the question of who can make an application in respect of the property under section 462.45 is another important consideration. Only people who have an interest in the property, such as owners, mortgagees, or lessees, can make an application for its restoration or forfeiture. This means that third parties who do not have an interest in the property cannot make an application for its restoration or forfeiture under this section. In conclusion, any person or organization that has had their property seized pursuant to an order of forfeiture or restoration must carefully consider section 462.45 of the Criminal Code of Canada. The timing, nature of the application or appeal, and who can make an application are just some of the strategic considerations that must be evaluated carefully. By taking advantage of this law, individuals and organizations can significantly increase their chances of recovering their property or defending against a forfeiture action.