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SCC to decide when crime proceeds spent on legal fees not subject to ‘fine-in-lieu of forfeiture’

Friday, July 06, 2018 @ 4:04 PM | By Cristin Schmitz

The Supreme Court of Canada has agreed to decide when a sentencing judge can refuse to order an offender to pay a fine in cases where the seized crime proceeds were previously court-ordered to be spent on his legal defence — and thus cannot be forfeited to the Crown in the usual course under the Criminal Code.

On July 5, the top court granted leave to appeal the Ontario Court of Appeal’s ruling in R. v. Rafilovich 2017 ONCA 634, with the leave application having been considered...