Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the client's primary immediate need is to access restrained assets for living expenses, business continuity, or legal fees, and when counsel must monitor the 6-month detention limit to force the Crown's hand. This deep-dive fork focuses exclusively on the pre-trial restraint variation and detention monitoring workflow under ss 462.33-462.35 of the Criminal Code.
Jurisdiction: Federal - ss 462.33-462.35 Criminal Code RSC 1985 c C-46. This fork applies in all provincial courts and superior courts across Canada where a federal restraint order has been made.
The Process at a Glance: Counsel reviews the restraint order and identifies whether it was obtained ex parte, whether it has been registered on real property title under s 462.33(9), and whether any exemptions exist for ordinary living or business expenses. A variation application is prepared under s 462.34, served on the AG with at least 2 clear days notice (weekends and public holidays excluded), and filed with the court. At the hearing, the in camera procedure must be invoked for any legal fees component - the AG is completely excluded from this portion. The judge assesses the billing estimate against the provincial legal aid tariff. If the Crown does not lay charges or seek a judicial extension within 6 months, counsel files immediately to demand the return of all property. Where digital assets or virtual currency are restrained, the same variation rules apply under s 462.341.
Key Legislation and Case Law: Criminal Code Part XII.2 - Justice Laws - s 462.33 (restraint orders - ex parte, nationwide effect, s 462.33(9) registration on real property title, police power to detain property about to be dealt with), s 462.34 (variation application - living expenses, business expenses, legal fees, bail; 2 clear days notice to AG; no other assets or means test; recognisance conditions under s 462.34(4)(a); in camera hearing for legal fees under s 462.34(5)), s 462.34(4)(c) (purposes of release: living expenses, business expenses to maintain legitimate business, legal fees, bail), s 462.34(5) (in camera hearing for legal fees - AG excluded completely), s 462.34(5.1) (AG may only appear before or after the in camera portion for legal expenses - not during), s 462.35(1) (6-month detention limit from date of seizure or service), s 462.35(3) (AG may apply for judicial extension), s 462.341 (all variation rules apply to digital assets and virtual currency).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Proceeds of Crime and Asset Forfeiture (Respondent) - Pre-Trial Restraint and Variation - s.462.33 to s.462.35 matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.