Forfeiture of assets

Canada

Canada - Mutual Legal Assistance in Criminal Matters Act 1985 (2015) EN/FR

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order of reparation or forfeiture, or an order imposing a fine, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of

(a) the province in which property that is the subject of the order is believed to be located; or

(b) the province in which some or all of the property available to satisfy the order is believed to be located.

On being filed, the order shall be entered as a judgment of that court.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (3) Before filing an order referred to in subsection (1), the Attorney General of Canada must be satisfied that

(a) a person has been convicted of an offence within the jurisdiction of the International Criminal Court; and

(b) the conviction and the order are not subject to further appeal.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (4) An order has, from the date it is filed under subsection (2), the same effect as if it had been

(a) in the case of an order of reparation, an order under section 738 of the Criminal Code;

(b) in the case of an order of forfeiture, an order under subsection 462.37(1) or 462.38(2) of that Act; and

(c) in the case of an order imposing a fine, a fine imposed under section 734 of that Act.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (5) Subject to any orders made under subsection (8), proceeds from the enforcement of orders filed under this section shall be paid into the Crimes Against Humanity Fund established under section 30 of the Crimes Against Humanity and War Crimes Act.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 6) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.