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Appeal from a firearms forfeiture order was dismissed, but the forfeiture was stayed because the Provincial Court relied on the wrong Criminal Code provision.
The court dismissed an application for the return of cash seized from a safety deposit box, holding the accused had constructive possession and could not proceed under s. 490(10).
The Court of Appeal upheld most of the sentences and forfeiture orders in a sophisticated credit card fraud case, but reduced one sentence slightly and corrected restitution treatment.
The Court of Appeal held that s. 71(4) of the Fisheries Act allows extended detention of seized fish, but not sale proceeds, and dismissed the appeal.
Sentencing for a marihuana grow operation where the court accepted a joint submission and imposed a 15-month conditional sentence with ancillary orders.
The court ordered a seized vehicle returned to Mathieu Flynn, holding it was not required for anticipated forfeiture proceedings and could be released subject to recognizance.
The Court of Appeal upheld forfeiture of a home used for a sophisticated marihuana grow-operation, finding the children’s principal-residence claim was not proved and full forfeiture was proportionate.
Appeals against conviction dismissed; sentences were manifestly excessive given the small quantities involved (<10g) and other mitigating factors, and were reduced to three months for Tucker and five months for Baldasaro; full forfeiture of the property was unwarranted and replaced by a partial forfeiture equal to half the equity in the property after usual deductions.
Source excerpt
Sentencing reasons after convictions for marihuana production, possession for trafficking, and theft of electricity. The court ordered forfeiture of the home and imposed 12 months' imprisonment.
British Columbia Court of Appeal upheld a one-year sentence and forfeiture of a home used for a cannabis grow operation, rejecting the appellant’s Charter and hardship arguments.
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