When Property Can Be Taken After a Criminal Case: Understanding Forfeiture Laws

In some criminal cases, the consequences go beyond fines or imprisonment. The court may also order the forfeiture of property connected to an offence.

Offence-related property includes any property used to commit a crime, connected to it, or intended for use in criminal activity. This can include vehicles, phones, cash, or even real estate.

Unlike traditional punishment, forfeiture is focused on the property itself—not the personal circumstances of the accused. Its purpose is to remove tools or assets linked to criminal conduct.

If the Crown proves that property is connected to an indictable offence, forfeiture is often mandatory. However, courts still retain discretion in some cases, particularly where forfeiture would be disproportionate.

There are also protections for third parties. Individuals who have a legitimate interest in the

property and were not involved in the offence may be able to seek its return.

Because forfeiture can have significant financial consequences, it is critical to address these issues early. A criminal defence lawyer can challenge the connection between the property and the alleged offence and advocate for a fair outcome.