C-52.2 - Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity

Section 8 Disposition versions

2024-03-28

8. When ruling on the forfeiture application or the incidental application, the court may, at the request of one of the parties, prescribe any measure it deems necessary or appropriate in the interests of justice, including the remittal to the defendant of any amount by which the proceeds of the alienation of forfeited property exceeds the value of the part of the forfeited property that is derived from unlawful activity.

The court may also prescribe any measure it deems necessary or appropriate to protect the rights of persons in good faith, to declare the nature and extent of their rights or to specify, on the application of the Attorney General, the amount of any claims guaranteed by a security they hold on the forfeited property.

The parties must indicate in their application the facts on which their contentions are based and the evidence they intend to produce so that the court may prescribe a measure under this section.

2007, c. 34, s. 8; 2024, c. 7, s. 17.

2008-09-01

8. When ruling on the forfeiture application or the incidental application, the court may prescribe any measure it deems necessary or appropriate in the interests of justice, including the remittal to the defendant of any amount by which the proceeds of the alienation of forfeited property exceeds the value of the part of the forfeited property that is derived from unlawful activity.

The court may also prescribe any measure it deems necessary or appropriate to protect the rights of persons in good faith, to declare the nature and extent of their rights or to specify, on the application of the Attorney General, the amount of any claims guaranteed by a security they hold on the forfeited property.

2007, c. 34, s. 8.