Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-04-29 and last amended on 2013-03-27. Previous Versions

Marginal note:Appeals from certain orders

462.44 Any person who considers that they are aggrieved by an order made under subsection 462.38(2) or 462.41(3) or section 462.43 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 such modifications as the circumstances require, to such an appeal.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1997, c. 18, s. 39.
Marginal note:Suspension of forfeiture pending appeal

462.45 Despite anything in this Part, the operation of an order of forfeiture or restoration of property under subsection 462.34(4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43 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 the restoration or forfeiture of such property,

  • (b) any appeal taken from an order of forfeiture or restoration in respect of the property, or

  • (c) any other proceeding in which the right of seizure of the property is questioned,

and property shall not be disposed of within thirty days after an order of forfeiture is made under any of those provisions.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 2005, c. 44, s. 10.
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Marginal note:Copies of documents returned or forfeited

  • 462.46 (1) If any document is returned or ordered to be returned, forfeited or otherwise dealt with under subsection 462.34(3) or (4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43, the Attorney General may, before returning the document or complying with the order, cause a copy of the document to be made and retained.

  • Marginal note:Probative force

    (2) Every copy made under subsection (1) shall, if certified as a true copy by the Attorney General, be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the original document would have had if it had been proved in the ordinary way.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 2005, c. 44, s. 11.
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Disclosure Provisions

Marginal note:No civil or criminal liability incurred by informants

462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1996, c. 19, s. 70;
  • 2001, c. 32, ss. 25, 82;
  • 2002, c. 13, s. 16(F);
  • 2004, c. 12, s. 8(F).
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