Ontario Civil

Criminal law

Proceeds of crime
Application judge correctly applied two-step process mandated by the Civil Remedies Act

Appellant was traveler who was stopped at airport security check. Traveler was found to have US$100,000 in tightly-wound bundles concealed inside socks in his luggage. Traveler also had US$4,877 in his pocket and small amount of cocaine in wallet. Traveler claimed that US funds were combination of tips when he worked at casino, gambling winnings, and proceeds from insurance settlement. On application, trial judge found that funds were proceeds from unlawful activity and that traveler was not legitimate owner. Application judge granted Attorney General of Ontario forfeiture of US$104,877 under ss. 3 and 8 of Civil Remedies Act (Ont.). Traveler appealed from order. Appeal dismissed. Application judge correctly applied two-step process mandated by Act. Application judge found, on balance of probabilities, that traveler was acting as cash courier. Traveler had no cogent explanation to disprove this, given evidence against him. Forfeiture was appropriate remedy under circumstances.

Ontario (Attorney General) v. $104,877 in U.S. Currency (In rem) (Jan. 25, 2016, Ont. C.A., Doherty J.A., G. Pardu J.A., and M.L. Benotto J.A., CA C59589) Decision at 245 A.C.W.S. (3d) 93 was affirmed. 264 A.C.W.S. (3d) 946.

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