Date: 20011120
Case Number: 1059359
IN THE PROVINCIAL COURT OF NOVA SCOTIA
IN THE MATTER OF an Application by the
Attorney General of Canada for an Order
pursuant to section 490(9) of the Criminal Code
Ordering that certain property seized by the police
be forfeited to Her Majesty the Queen in the Right of Canada
Cite as: Canada (Attorney General ) v. Luther, 2001 NSPC 31
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Heard Before: The Honourable Judge D. William MacDonald
Place Heard: Dartmouth, Nova Scotia
Decision: November 20, 2001
Subject: Criminal Law - Application for Forfeiture under section 490(9) of the Criminal Code - Admissibility of Hearsay Evidence
Summary: Justin Luther took a package containing $21,500 to a courier service to be sent to a named person in British Columbia. The package was seized by police at the courier office under a search warrant. No charges were laid and none are contemplated. The Attorney General of Canada applied for forfeiture of the contents of the package under section 490(9) of the Criminal Code. No affidavits were relied upon. The Applicant sought to present hearsay evidence through the investigating police officers. There was a voir dire to determine the admissibility of the hearsay evidence. The issue was whether hearsay evidence in general is admissible in a proceeding under section 490.
Result: The hearsay evidence was excluded.