Success in small places: NCB forfeiture thrives in Manitoba, a small but mighty Canadian jurisdiction

Melinda Murray and Jeffrey Simser

Journal of Financial Crime, 2024, vol. 32, issue 3, 722-728

Abstract: 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.

Keywords: Canada; Civil forfeiture; Cullen Commission; NCB forfeiture (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.emerald.com/insight/content/doi/10.110 ... d&utm_campaign=repec (text/html)
https://www.emerald.com/insight/content/doi/10.110 ... d&utm_campaign=repec (application/pdf)
Access to full text is restricted to subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-07-2024-0217

DOI: 10.1108/JFC-07-2024-0217

Access Statistics for this article

Journal of Financial Crime is currently edited by Dr Paul Gilmour

More articles in Journal of Financial Crime from Emerald Group Publishing Limited
Bibliographic data for series maintained by Emerald Support ().