Does s.24(1) of the Criminal Code apply to a civil forfeiture action brought by the Minister of Justice?
Alberta, Canada
The following excerpt is from Alberta (Justice and Attorney General) v. Petros, 2011 ABQB 541 (CanLII):
To conclude my analysis on this question and give effect to the words of La Forest J. in McKinney v. University of Guelph, 1990 CanLII 60 (SCC), [1990] 3 S.C.R. 229 at 261, that “the Charter is essentially an instrument for checking the powers of government over the individual”, the present circumstances must attract Charter scrutiny. Consequently, I find Charter protection and remedies pursuant to s. 24 apply in order to insulate the fairness of civil forfeiture proceedings under the Act. (ii) Was the evidence adduced by the Minister that tended to prove illegal activity unlawfully obtained? (a) The search incident to arrest
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