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The Seizure of Criminal Property Act, 2009 authorizes the government to take ownership of property that has been acquired through unlawful activity or used in unlawful activity. Under the law, the Director of Saskatchewan's Civil Forfeiture Program may initiate civil forfeiture proceedings when property is believed to be proceeds or an instrument of unlawful activity.
Civil forfeiture proceedings are independent of criminal forfeiture proceedings allowed pursuant to the Criminal Code of Canada. A criminal proceeding or conviction is not required to achieve civil forfeiture. The civil forfeiture proceeding is against property, not individuals. Civil forfeiture does not result in a criminal conviction.
The Act requires officials to follow certain steps to ensure fairness in the process. When an application for civil forfeiture of property is brought before the court, a judge of the Court of King's Bench determines whether or not to order forfeiture of the property.
Examples of property forfeited:
The Seizure of Criminal Property Act, 2009 allows the Director of Saskatchewan's Civil Forfeiture Program to seek forfeiture of personal property valued at less than $75,000 through an administrative process. This process, known as administrative forfeiture, cannot be used to seek forfeiture of real property (for example, buildings). There is an opportunity to dispute administrative forfeitures.
Typically, individuals receive notice of their administrative forfeiture by letter. However, sometimes people are made aware of the proposed forfeiture by reading it on the 'Public Notice of Administrative Forfeiture Proceedings' section of this page.
If you would like to dispute an administrative forfeiture proceeding, you must file a Notice of Dispute by the deadline that was included in your letter and posted online. If you received a letter, this form would have also been included. Once you have filled out the form you must make a solemn declaration before a Notary Public, Justice of the Peace or Commissioner for Oaths for Saskatchewan.
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