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Success in small places: NCB forfeiture thrives in Manitoba, a small but mighty Canadian jurisdiction
Purpose
This paper shows how a small jurisdiction can apply well-designed non-conviction-based (NCB) forfeiture provisions with a dedicated team to have a meaningful impact on financial crime. This paper aims to examine developing jurisprudence, legislation and case law to explore how the NCB laws work. Finally, this paper examines a relatively new area of law for Canada, unexplained wealth orders (UWOs). This paper discussed three recent cases in Western Canada currently before the courts.
Design/methodology/approach
This paper considers legislative and jurisprudential developments relevant to NCB or civil asset forfeiture and in particular considers very recent developments involving UWOs.
Findings
This paper shows how a small jurisdiction can apply well-designed NCB forfeiture provisions with a dedicated team to have a meaningful impact on financial crime.
Research limitations/implications
Some jurisdictions, like the UK, have experienced court losses with their UWO process. Canadian law may have a modest pathway to success in this area, although our jurisprudence is very much in development.
Practical implications
Manitoba is a small jurisdiction with limited resources who are finding ways to have an effective impact on financial crime through the careful application of use of conviction-based forfeiture.
Social implications
Financial crime has an outsized impact on society. This paper shows some of the techniques available to disrupt financial crime.
Originality/value
This paper incorporates developments in 2024 that have not yet been examined.
Journal Article
Asset Recovery Handbook
The Asset Recovery Handbook is a practical tool to help policymakers, public officials, and those who have been entrusted with recovering stolen assets by informing them on how to pursue proceeds of corruption and navigate the challenges of international asset recovery.
eBook