Civil remedies annual report 2021–2022
Learn about the number and value of civil forfeitures and amounts paid out in compensation.
Overview
On April 1, 2021, an amendment to the Civil Remedies Act, 2001 was introduced stating that a civil remedies annual report must be made available to the public.
Under the Civil Remedies Act, the Attorney General can ask civil courts for an order to forfeit (take possession of) property that has been used for — or results from — unlawful activity.
In 2021–2022, the Ontario government reinvested $1.6 million in cash and proceeds seized through civil forfeiture to support 18 law enforcement and community projects focused on assisting victims of crime and strengthening local capacity to prevent intimate partner, family, and gun and gang violence.
The Civil Remedies Annual Report 2021–2022 is for the period of April 1, 2021 to March 31, 2022 and contains information about:
- civil forfeiture proceedings
- amounts paid out to compensate victims of unlawful activities
- amounts paid in grants under the Civil Remedies Act to assist victims of unlawful activities and to prevent unlawful activities that result in victimization
- amounts paid out to compensate the Crown in right of Ontario for its costs for forfeiture proceedings
Administrative forfeiture was introduced by proclamation on April 1, 2021.
Civil forfeiture statistics
This table outlines the number and value of civil and administrative forfeitures that were started or are already ongoing between April 1, 2021, and March 31, 2022, including:
- statistics on Administrative Forfeitures undertaken to date are provided under Part I.1 (there are no prior Administrative Forfeiture proceedings since the province only began Administrative Forfeiture during the 2021–2022 year.
- proceeds of unlawful activity, or property that results from unlawful activity
- instruments of unlawful activity, or property that has been used for unlawful activity
- a combination of proceeds and instruments of unlawful activity
| Description | Part I.1 – Administrative Forfeiture | Part II – Proceeds of unlawful activity (Section 3 |
Part III – Instruments of unlawful activity (Section 8 |
Part II & III (Section 3 & 8) |
Total |
|---|---|---|---|---|---|
| Number of civil forfeiture proceedings started in 2021-22 | 11 | 6 | 0 | 30 | 47 |
| Number of ongoing civil forfeiture proceedings from previous years | 0 | 10 | 0 | 58 | 68 |
| Number of civil forfeitures in 2021-22 | 3 | 1 | 0 | 10 | 14 |
| Value of civil forfeitures in 2021-22 | $20,575.16 | $207,771.80 | 0 | $375,910.45 | $604,257.41 |
Amounts paid during 2021–2022 from the proceeds of civil forfeiture
This table outlines the amounts paid out to:
-
- compensate victims of unlawful activity
- grants under the Civil Remedies Act, 2001 to assist victims of unlawful activities and prevent unlawful activities that result in victimization
- compensate Crown in right of Ontario for its costs for forfeiture proceedings
| Activity | Year | Total |
|---|---|---|
| Amount paid out to compensate victims of unlawful activities | 2021–2022 | $423,095.02 |
| Amount paid in grants under the Civil Remedies Act, 2001 to assist victims of unlawful activities and to prevent unlawful activities that result in victimization | 2021–2022 | $1,597,963.46 |
| Amount paid out to compensate the Crown in right of Ontario for its costs for forfeiture proceedings | 2021–2022 | $1,607,051.00 |
Footnotes
- footnote[i] Back to paragraph “proceeds of unlawful activity” means property acquired, directly or indirectly, in whole or in part, as a result of unlawful activity, whether the property was acquired before or after this Act came into force, but does not include proceeds of a contract for recounting crime within the meaning of the Prohibiting Profiting from Recounting Crimes Act, 2002
- footnote[ii] Back to paragraph 3 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is proceeds of unlawful activity. 2001, c. 28, s. 3 (1).
- footnote[iii] Back to paragraph “instrument of unlawful activity” means property that is likely to be used to engage in unlawful activity that, in turn, would be likely to or is intended to result in the acquisition of other property or in serious bodily harm to any person, and includes any property that is realized from the sale or other disposition of such property
- footnote[iv] Back to paragraph 8 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is an instrument of unlawful activity. 2001, c. 28, s. 8 (1).