Alberta (Minister of Justice and Attorney General) v. Petros et al. 2011 ABQB 541
Criminal Law - Civil remedies for unlawful activity (Civil Remedies Act, Civil Forfeiture Act, etc.) - Remedies - Forfeiture
The Minister of Justice and Attorney General for Alberta applied to confiscate the respondent’s motor vehicle which the Minister alleged was an instrument of crime (used in a dial-a-dope operation). The respondent had been arrested and charged with possession for the purpose of trafficking. The Minister advanced the application pursuant to the Victims Restitution and Compensation Payment Act of Alberta (2001). One of the novel issues raised was whether the Minister could rely on unlawfully obtained evidence.
The Alberta Court of Queen’s Bench, on the strength of the admissible evidence, granted the order of forfeiture.