What is the scope of the Attorney General's in rem proceedings under the Proceeds and Instruments of Unlawful Commerce Act?
Ontario, Canada
The following excerpt is from Attorney General of Ontario v. 139 William Honey Crescent et al, 2012 ONSC 442 (CanLII):
The Act allows the Attorney General of Ontario to initiate in rem proceedings in the Superior Court of Justice, so as to preserve and forfeit the proceeds and instruments of unlawful activity. The purpose of the Act is to provide civil remedies that will assist in: (a) Compensating persons who suffer pecuniary or non pecuniary losses as a result of unlawful activities; (b) Preventing persons who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities; (c) Preventing property from being used to engage in certain unlawful activities; and (d) Preventing injury to the public that may result in conspiracies to engage in unlawful activities; See Chatterjee v. Ontario (Attorney General) (2009), S.C.C. 19 at paragraph 17.
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