Criminal Code of Canada - section 83.14(10) - Motion to vary or set aside

section 83.14(10)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a person to bring a motion to the Federal Court to vary or set aside an order made under subsection (5) within 60 days if they did not receive notice under subsection (7) and claim an interest in property that was forfeited.

SECTION WORDING

83.14(10) A person who claims an interest in property that was forfeited and who did not receive notice under subsection (7) may bring a motion to the Federal Court to vary or set aside an order made under subsection (5) not later than 60 days after the day on which the forfeiture order was made.

EXPLANATION

Section 83.14(10) of the Criminal Code of Canada pertains to situations where property has been forfeited by an individual due to their involvement in a criminal offense related to terrorism or national security. In such cases, the property is seized by the government and a forfeiture order is made under subsection (5). If an individual believes that they have an interest in the forfeited property and did not receive notice of the forfeiture under subsection (7), they are entitled to bring a motion to vary or set aside the forfeiture order. This must be done within 60 days of the date on which the forfeiture order was made. The purpose of this provision is to provide a means for individuals to challenge the forfeiture of property that they may have a legitimate interest in, but may not have been aware of the forfeiture at the time it occurred. This ensures that proper notice is given and that individuals have an opportunity to contest the forfeiture in a timely manner. Overall, the aim of this section is to balance the need for the government to seize property in cases of terrorism or national security with the need to protect the rights of individuals who may be affected by such seizures.

COMMENTARY

Section 83.14(10) of the Canadian Criminal Code is a provision that is intended to protect the rights of individuals who claim an interest in property that has been forfeited as a result of a crime. The provision sets out a process through which such individuals can bring a motion to the Federal Court to have an order made under subsection (5) varied or set aside. The purpose of this provision is to ensure that innocent third parties who have a legitimate claim to forfeited property are not unfairly deprived of their rights. For instance, if a person owns a house that is used by someone else to commit a crime, that property may be subject to forfeiture. However, the owner of the house may not have been aware of the illegal activities and therefore may have a legitimate claim to the property. Subsection (10) provides a safeguard against such situations by allowing individuals who claim an interest in the property to bring a motion to the Federal Court if they did not receive notice under subsection (7). Subsection (7) of the same provision requires that notice be given to any person who has an interest in the property, at least 30 days before the forfeiture order is made. If the court grants the motion, it may vary or set aside the forfeiture order. This means that the forfeited property could be returned to the claimant, or the claimant could be awarded compensation for the loss of the property. It is important to note that there are strict time limits associated with bringing a motion under this provision. The motion must be brought not later than 60 days after the forfeiture order was made. This requirement is intended to ensure that claims are dealt with promptly and efficiently, and that the legal process does not become protracted. In summary, section 83.14(10) of the Criminal Code of Canada is an important provision that protects the rights of innocent third parties who may have a legitimate claim to property that has been forfeited as a result of a crime. The provision provides a mechanism through which such individuals can bring a motion to the Federal Court to have an order made under subsection (5) varied or set aside. It is important for individuals who believe they have a claim to forfeited property to be aware of their rights and to act promptly to protect those rights.

STRATEGY

Section 83.14(10) of the Criminal Code of Canada can pose numerous challenges for individuals seeking to reclaim property that has been forfeited without notice. As such, there are several strategic considerations that should be kept in mind when dealing with this section of the law. The first strategic consideration is timing. Since the deadline for bringing a motion to the Federal Court to set aside an order made under subsection (5) is only 60 days, it is important to act quickly and not delay in pursuing legal action. Any delays could result in missed opportunities to recover the forfeited property. The second strategic consideration is legal representation. Given the complex nature of the Criminal Code and the rules of court, it may be advisable to seek legal representation in order to increase the chances of a successful motion. A lawyer's expertise in navigating the court system and knowledge of applicable law can be invaluable when trying to set aside a forfeiture order. The third strategic consideration is the strength of the argument. In order for the motion to be successful, the individual bringing the motion must have some compelling evidence to support their claim that they did not receive notice of the forfeiture. This can be challenging to prove, and may require accessing information that is difficult to obtain. One potential strategy is to seek legal advice as soon as possible after discovering that property has been forfeited. Early legal intervention can help to ensure that important deadlines are not missed, and that the necessary evidence is collected and presented to the court in a timely manner. Another possible strategy is to conduct a thorough investigation into why notice was not received. For example, an individual could attempt to track down any documentation (such as mail receipts or delivery records) that may help to demonstrate that they never received notification of the forfeiture. A third strategy is to work with law enforcement officials to try to negotiate a return of the property before going to court. In some situations, this may be a viable option, particularly if there is evidence to suggest that the forfeiture was carried out in error or that the individual unknowingly possessed the property in question. In conclusion, dealing with section 83.14(10) of the Criminal Code of Canada can be challenging, but there are several strategic considerations and potential tactics that can be employed to increase the chances of a successful outcome. By acting quickly, seeking legal representation, and putting forward strong evidence to support their claim, individuals can maximize their chances of reclaiming forfeited property.