NCJ Number
126557
Date Published
1989
Length
150 pages
Annotation
Bill C-61, Act to Amend the Criminal Code, the Food and Drugs Act, and the Narcotic Control Act, was enacted in Canada in September 1988. The bill designates new offense categories, drug and enterprise crimes. The "proceeds of crime" provision covers anything derived directly or indirect from a designated drug offense or enterprise crime committed in Canada or anywhere in the world.
Abstract
The bill creates a new offense of laundering proceeds of designated drug and enterprise crimes. Judges may issue a warrant to seize property that may be forfeitable as proceeds of crime. The Canadian Attorney General may apply for an a judge may grant a restraint order with respect to property alleged to be proceeds of crime. Persons with an interest in seized or restrained property, however, may apply to examine the property or apply for return or release of the property. Where an accused is convicted or discharged for an enterprise crime, a court must forfeit any property where the Attorney General establishes the probability that the property is proceeds of crime and the enterprise crime was committed in relation to the property. An application for in rem forfeiture may be made where an enterprise crime has been charged against a person and the accused has absconded or died. In the case of forfeited property, any person other than the accused or a person who acquired the property under circumstances that give rise to a reasonable inference that the property was transferred to avoid forfeiture may apply in writing to a judge for an order that the applicant's interest is not affected by the forfeiture and declare the nature and extent of the interest. Details on the legislation's definitions, offenses, pretrial search and seizure, forfeiture of crime proceeds, and general provisions are provided. Appendixes contain a concordance to Bill C-61, the bill's text, and related sections of Canada's Criminal Code.