Bill C-95

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	(b) the ground referred to in paragraph (a) outweighs in importance the access to the information.
Reasons	(2) For the purposes of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure
	(a) if disclosure of the information would
	(i) compromise the identity of a confidential informant,
	(ii) compromise the nature and extent of an ongoing investigation,
	(iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or
	(iv) prejudice the interests of an innocent person; and
	(b) for any other sufficient reason.
Procedure	(3) Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the justice or judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice or judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice or judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).
Application for variance of order	(4) An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant was obtained may be held.
	15. The Act is amended by adding the following after section 490:
	Forfeiture of Offence-related Property
Order of forfeiture of property on conviction	490.1 (1) Subject to sections 490.3 and 490.4, where a person is convicted of a criminal organization offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
	(a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
	(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen's Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.
Property related to other offences	(2) Where the evidence does not establish to the satisfaction of the court that the criminal organization offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
Appeal	(3) A person who has been convicted of a criminal organization offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.
Application for in rem forfeiture	490.2 (1) Where an information has been laid in respect of a criminal organization offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).
Order of forfeiture of property	(2) Subject to sections 490.3 and 490.4, where an application is made to a judge under subsection (1) and the judge is satisfied
	(a) beyond a reasonable doubt that any property is offence-related property,
	(b) that proceedings in respect of a criminal organization offence in relation to the property referred to in paragraph (a) were commenced, and
	(c) that the accused charged with the criminal organization offence has died or absconded,
	the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).
Accused deemed absconded	(3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with a criminal organization offence if
	(a) an information has been laid alleging the commission of the offence by the accused,
	(b) a warrant for the arrest of the accused has been issued in relation to that information, and
	(c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,
	and the accused is deemed to have so absconded on the last day of that six month period.
Who may dispose of forfeited property	(4) For the purpose of subsection (2), the judge shall
	(a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
	(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen's Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.
Definition of ``judge''	(5) In this section and sections 490.5 and 490.8, ``judge'' means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.
Voidable transfers	490.3 A court may, before ordering that offence-related property be forfeited under subsection 490.1(1) or 490.2(2), set aside any conveyance or transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.
Notice	490.4 (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Manner of giving notice	(2) A notice given under subsection (1) shall
	(a) be given or served in the manner that the court directs or that may be specified in the rules of the court;
	(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
	(c) set out the criminal organization offence charged and a description of the property.
Order of restoration of property	(3) Where a court is satisfied that a person, other than
	(a) a person who was charged with a criminal organization offence, or
	(b) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property,
	is the lawful owner or is lawfully entitled to possession of any property or a part of any property that would otherwise be forfeited pursuant to an order made under subsection 490.1(1) or 490.2(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part be returned to the person.
Application	490.5 (1) Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 490.1(1) or 490.2(2), any person who claims an interest in the property, other than
	(a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the criminal organization offence in relation to which the property was forfeited,
	(b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the criminal organization offence in relation to which the property was forfeited, or
	(c) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,
	may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4).
Fixing day for hearing	(2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of the filing of the application for the hearing of the application.
Notice	(3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing.
Order declaring interest not affected by forfeiture	(4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant
	(a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any criminal organization offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and
	(b) exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by the person who was permitted by the applicant to obtain possession of the property or from whom the applicant obtained possession or, where the applicant is a mortgagee or lienholder, by the mortgagor or lien-giver,
	the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest.
Appeal from order made under subsection (4)	(5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection.
Return of property	(6) The Attorney General shall, on application made to the Attorney General by any person in respect of whom a judge has made an order under subsection (4), and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined, direct that
	(a) the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or
	(b) an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.
Appeals from orders under subsection 490.2(2)	490.6 Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal.
Suspension of order pending appeal	490.7 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending
	(a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or
	(b) any appeal taken from an order of forfeiture or restoration in respect of the property,
	and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions.
Application for restraint order	490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.
Procedure	(2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:
	(a) the criminal organization offence to which the offence-related property relates;
	(b) the person who is believed to be in possession of the offence-related property; and
	(c) a description of the offence-related property.
Restraint order	(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order
	(a) prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order; and
	(b) at the request of the Attorney General, where the judge is of the opinion that the circumstances so require,
	(i) appointing a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge, and
	(ii) requiring any person having possession of the property to give possession of it to the person appointed under subparagraph (i).
Conditions	(4) A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit.
Order in writing	(5) A restraint order made under this section shall be made in writing.
Service of order	(6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.
Registration of order	(7) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.
Order continues in force	(8) A restraint order made under this section remains in effect until
	(a) an order is made under subsection 490(9) or (11) in relation to the property; or
	(b) an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2).
Offence	(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
Sections 489.1 and 490 applicable	490.9 (1) Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made under section 490.8.
Recognizance	(2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) for the return of any offence-related property that is the subject of a restraint order under section 490.8, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in any amount and with any conditions that the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice any sum of money or other valuable security that the judge or justice directs.
R.S., c. 27 (1st Supp.), s. 83(3)	16. Paragraph 515(6)(a) of the Act is replaced by the following:
	(a) with an indictable offence, other than an offence listed in section 469,
	(i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680, or
	(ii) that is an offence under section 467.1 or an offence under this or any other Act of Parliament alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more,

Bill C-95

Forfeiture of Offence-related Property