Proceeds of Crime and Asset Forfeiture (Respondent) - Third-Party Interest Claim - s.462.42

Jurisdiction: Federal - s 462.42 Criminal Code RSC 1985 c C-46. The application is made to the court that made the forfeiture order. The AG must be served at least 15 days before the hearing. The hearing is fixed for a date not less than 30 days after the filing of the notice of application.

The Process at a Glance: The third-party claimant must file a written notice of application within 30 days of the forfeiture order - this deadline is absolute and cannot be extended. The notice is served on the AG at least 15 days before the hearing date. At the hearing, the claimant establishes that they are not an excluded person (not convicted of the designated offence and not a collusive transferee), and that they are innocent of complicity and had no knowledge of or did not consent to the use of the property for criminal purposes. If the application succeeds, the AG must return the property or pay the claimant the declared value of their interest after any appeal period expires.

Key Legislation and Case Law: Criminal Code Part XII.2 - Justice Laws - s 462.41 (AG must give notice to known third-party claimants before the forfeiture hearing), s 462.42(1) (30-day filing deadline from forfeiture order; excluded persons: the convicted person and anyone who acquired property from the accused with intent to evade forfeiture), s 462.42(4) (test at hearing: claimant must establish on balance of probabilities that they are not an excluded person and that they are innocent of any complicity and had no reasonable grounds to believe the property would be used for criminal activity or derived from criminal activity), s 462.42(5) (appeal period - 30 days after order), s 462.42(6) (AG must return the property or pay the declared value after the appeal period expires), s 46.4 (court may void transfers made after service of restraint order or warrant execution, unless for value and in good faith - transferee must establish good faith).

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