Financial Exploitation of Crime 1996

1996 Ottawa, ON

Civil Section Documents - Financial Exploitation of Crime

I. INTRODUCTION

II. BACKGROUND

III. CONSTITUTIONAL ISSUES
1. Criminal Law
2. Canadian Charter of Rights and Freedoms
3. Section 1 Justification

IV. OPTIONS
1. Who Should be Covered by the Legislation
2. What Offences Should be Covered
3. The Description of the Crime
4. Methods for Effecting Legislative Purpose
a. Provincial Legislation
(i) Preserving the Funds
(ii) Administrative Re-distribution
(a) Section 96
(b) Section 91(23)
(iii) Assisted Legal Action
b. Federal Legislation
(i) Penitentiary Gag Order
(ii) Copyright Expropriation

V. MISCELLANEOUS ISSUES
1. Limitation Periods
2. Remainder of the Profits
3. Early Return or Pay-out of Money
4. Anti-Avoidance
5. Victims in other Jurisdiction
6. Information Required by State
7. Retroactivity

APPENDIX A - Victims’ Right to Proceeds of Crime Act, 1994

APPENDIX B - An Act to Amend the Criminal Code and Copyright Act (Profit From Authorship Respecting a Crime)

APPENDIX C - U.S. Legislation Dealing with Indirect Profits From Crime

APPENDIX D - Statement of claim , defence and judgment: re Clifford Olson
[OMITTED FROM 1996 PROCEEDINGS]

APPENDIX E - Draft Legislation: Preserving the Funds

APPENDIX F - Draft Legislation: Administrative Re-distribution

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