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Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant
Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant
Michelle Gallant
Many provinces are embracing a modern approach to crime control, an approach which uses civil proceedings, primarily a device known as forfeiture, to tackle criminal activity. The strategy targets the financial underpinnings of crime, the proceeds or the assets linked to illegal activity. It effectively gives the public actor the ability to use civil actions to recover financial resources tainted by criminality.
New to provincial law, this convergence of civil proceedings and crime, of civil forfeiture and the financial element of crime, invites obvious questions about the consistency of this approach with constitutional norms. On the jurisdictional front, there is …
Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant
Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant
Michelle Gallant
An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.
The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …