A B.C. Supreme Court has rejected a demand to strike down a provision in a federal law that allows a forfeiture order of property in another country to be recognized in Canada.
Delia Mulholland and two companies that hold the properties argued a provision of a law that deals with cooperation in criminal matters between Canada and other countries should be struck down as unconstitutional because it improperly allows a core jurisdiction of the B.C. courts and the federal justice minister on forfeiture of property to be decided by the United States.Article content
“The Minister is engaging in a government-to-government process designed to allow Canada to respond on the basis of a treaty to requests from a foreign jurisdiction for assistance in enforcing a confiscation order issued by a court in that jurisdiction in relation to proceeds of crime derived from the commission of a criminal offence for which the accused was convicted,” noted Watchuk.
In 2019, the U.S. forfeiture order was recognized as enforceable in British Columbia following a request to the Canadian government from the U.S. government.between the U.S. and Canadian governments related to the forfeiture order, as part of an effort to quash the forfeiture order as an abuse of process.Article content
The Whistler property was sold and proceeds of about $1.3 million paid into trust in 2016, according to a B.C. Supreme Court suit launched by the U.S. Securities and Exchange Commission to recover a penalty owed by Mulholland in a different stock fraud scheme.
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