Asset Forfeiture in Criminal Cases: What You Need to Know About Reverse Onus Laws

In some criminal cases in Ontario, the Crown may seek to take your property through a process called forfeiture. While this typically requires proof that the property is linked to a specific offence, there are situations where the burden shifts to you.

This is known as a ‘reverse onus’ forfeiture proceeding. Instead of the Crown proving the property is proceeds of crime, you may have to prove that it is not.

This can arise where there is evidence of ongoing profit-driven criminal activity, or where your financial situation appears inconsistent with your known lawful income.

Once the reverse onus is triggered, the risk is significant. If you cannot demonstrate that your assets were obtained legally, the court will often order forfeiture.

These proceedings are complex and frequently involve financial analysis and detailed evidence about your history and income.

If you are under investigation or facing charges that may involve asset forfeiture, speaking with a Toronto criminal defence lawyer early can help protect your rights and your property.