What is the effect of the seizure of a property by the Crown under section 462.34(4) of the Criminal Code of Canada for an alleged criminal enterprise crime offence?

There are, however, further considerations. The applicant will not be sentenced in Canada so that a fine would not be available to compensate if the applicant’s interest in the property is eventually forfeited to the Crown (see Wilson v. Canada, supra, at 480). How such forfeiture could occur when the applicant has not been charged with an enterprise crime offence, there has been no abscondence of anyone so charged, and the property was owned by the applicant prior to seizure of the property, is unclear to me. Section 462.34 presumes that there is a possibility that the property is proceeds of crime. This fact is to be balanced against the need for legal assistance. The extradition proceedings here are serious. Legal counsel is required. The applicant’s matrimonial interest in the property as housewife and mother has not been determined. In the circumstances, I am inclined to exercise the discretion given in section 462.34(4) in favour of the applicant.