C-25.1 - Code of Penal Procedure

Section 137 Disposition versions

2006-04-01

137. Where a thing seized or the proceeds of the sale thereof cannot be returned as a result of unlawful possession to the person from whom the thing was seized or to a person who claims to have a right therein, the judge shall, on the application of the seizor or the prosecutor, order the forfeiture of the thing or the proceeds; if unlawful possession is not proved, the judge shall designate the person to whom the thing or the proceeds may be returned.

Prior notice of the application must be served on the person from whom the thing was seized and on the other person entitled to make such an application. Such prior notice may, where applicable, be given with the statement of offence, specifying that the application for forfeiture is to be made at the time of the judgment.

Unless otherwise specially provided, the thing seized belongs to the State on being forfeited and shall be delivered to the Minister of Revenue; if it is sold before the order for forfeiture, the proceeds of the sale shall be paid into the Consolidated Revenue Fund.

1987, c. 96, a. 137; 1995, c. 51, s. 16; 1999, c. 40, s. 57; 2005, c. 44, s. 54.

1999-10-22

137. Where a thing seized or the proceeds of the sale thereof cannot be returned as a result of unlawful possession to the person from whom the thing was seized or to a person who claims to have a right therein, the judge shall, on the application of the seizor or the prosecutor, order the forfeiture of the thing or the proceeds; if unlawful possession is not proved, the judge shall designate the person to whom the thing or the proceeds may be returned.

Prior notice of the application must be served on the person from whom the thing was seized and on the other person entitled to make such an application. Such prior notice may, where applicable, be given with the statement of offence, specifying that the application for forfeiture is to be made at the time of the judgment.

Unless otherwise specially provided, the thing seized belongs to the State on being forfeited and shall be delivered to the Public Curator; if it is sold before the order for forfeiture, the proceeds of the sale shall be paid into the consolidated revenue fund.

1987, c. 96, a. 137; 1995, c. 51, s. 16; 1999, c. 40, s. 57.

1999-04-01

137. Where a thing seized or the proceeds of the sale thereof cannot be returned as a result of unlawful possession to the person from whom the thing was seized or to a person who claims to have a right therein, the judge shall, on the application of the seizor or the prosecutor, order the forfeiture of the thing or the proceeds; if unlawful possession is not proved, the judge shall designate the person to whom the thing or the proceeds may be returned.

Prior notice of the application must be served on the person from whom the thing was seized and on the other person entitled to make such an application. Such prior notice may, where applicable, be given with the statement of offence, specifying that the application for forfeiture is to be made at the time of the judgment.

Unless otherwise specially provided, the thing seized belongs to the Crown on being forfeited and shall be delivered to the Public Curator; if it is sold before the order for forfeiture, the proceeds of the sale shall be paid into the consolidated revenue fund.

1987, c. 96, a. 137; 1995, c. 51, s. 16.

1993-11-01

137. Where a thing seized or the proceeds of the sale thereof cannot be returned as a result of unlawful possession to the person from whom the thing was seized or to a person who claims to have a right therein, the judge shall, on the application of the seizor or the prosecutor, order the forfeiture of the thing or the proceeds; if unlawful possession is not proved, the judge shall designate the person to whom the thing or the proceeds may be returned.

Prior notice of the application must be served on the person from whom the thing was seized and on the other person entitled to make such an application.

Unless otherwise specially provided, the thing seized belongs to the Crown on being forfeited and shall be delivered to the Public Curator; if it is sold before the order for forfeiture, the proceeds of the sale shall be paid into the consolidated revenue fund.

1987, c. 96, a. 137.