Criminal Property Forfeiture
What is criminal property forfeiture?
It is a civil court process through which government may apply to confiscate property or proceeds of unlawful activity and property used in committing crime, considered instruments of unlawful activity.
Background
Since 2009, Manitoba’s Criminal Property Forfeiture Unit has operated under the authority of The Criminal Property Forfeiture Act. The act allows the director of the unit to start civil forfeiture proceedings against property believed to be the proceeds or instruments of unlawful activity. A judge of the Court of King's Bench decides whether to order forfeiture.
Civil proceedings under The Criminal Property Forfeiture Act are entirely separate from criminal law. They:
- do not rely on criminal prosecutions
- are initiated against property, not people
- do not create criminal records
- do not create findings of guilt or innocence
In 2012 The Criminal Property Forfeiture Act was amended to allow a simpler process known as administrative forfeiture through which personal property valued at $75,000 or less may be confiscated without involving the courts. Further significant amendments in 2021 expanded the legal information-gathering tools and authority to identify and secure unlawful money before it can become untraceable and disappears. On June 3, 2023 the Unexplained Wealth Act came into force which includes the addition of Unexplained Wealth Orders which allows the court to make an order that requires a person to provide information about how they acquired property or an interest in property if it appears that their known sources of income and assets would not be sufficient to do so and if the person has been involved in unlawful activity. The ultimate goal is to forfeit property which is derived from unlawful activity. In June of 2023 the legislation was also amended to allow for administrative forfeiture of personal property valued at $125,000 or less. Proceeds of confiscated property are deposited in the Criminal Property Forfeiture Fund and managed or distributed as provided for in section 19 of The Criminal Property Forfeiture Act. Uses might include operating expenses, victim compensation and programs promoting safer communities.
Navigate to more information about criminal property forfeiture using links in the left hand column of this page.
