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Director Under the Seizure of Criminal Property Act, 2009 v Warnecke

Background:
The case involved the forfeiture of $21,297.65 seized by the Regina Police Service in 2018 from Patrick Warnecke's unlicensed marijuana dispensary, Best Buds Society. The applicant, the Director under The Seizure of Criminal Property Act, 2009, sought forfeiture of the cash as proceeds of unlawful activity. The application was delayed by related criminal proceedings and a constitutional challenge.

Legal Issues:
The central issues were:

  1. Whether the cash constituted proceeds of unlawful activity.
  2. Whether forfeiture would "clearly not be in the interests of justice" under Section 7 of the Act.

Positions:

  • Applicant (Director): Argued that the cash was obtained through unlawful activity and that forfeiture aligned with the Act's purposes—deterrence, profit removal, and funding victim services.
  • Respondent (Patrick Warnecke): Claimed his dispensary served a public need and forfeiture was punitive, given his partial success in constitutional challenges and the staying of criminal charges.

Decision and Costs:
The court granted the application, finding the cash was proceeds of unlawful activity and forfeiture was not contrary to justice. No award for costs was specified.

Conclusion:
The forfeiture reinforced the rule of law and deterred future unlawful activity, with $21,297.65 ordered forfeited to the Crown.

The Director under The Seizure of Criminal Property Act, 2009
Law Firm / Organization
Not specified
Lawyer(s)

Meghan McAvoy

Patrick Warnecke
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Mark Baerg

Kevin Barton
Law Firm / Organization
Unrepresented
Chief of Police of the Regina Police Service
Law Firm / Organization
Unrepresented
Court of King's Bench for Saskatchewan
QBG-RG-01216-2020
Civil litigation
Not specified/Unspecified
Applicant