Docket: CACR2134 Her Majesty the Queen Appellant - v. -, 2012 SKCA 62

THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2012 SKCA 62 Date: 20120607 Between: Docket: CACR2134 Her Majesty the Queen Appellant - and - Andre Raymond Jean Respondent - and – Raymond Jean Respondent Coram: Jackson, Caldwell & Herauf JJ.A. Counsel: Wade McBride for the Federal Crown Peter A. Abrametz for Raymond Jean Andre Raymond Jean in person

Appeal: From: Provincial Court Heard: June 7, 2012 Disposition: Appeal Allowed (orally) Written Reasons: June 12, 2012 By: The Honourable Madam Justice Jackson In Concurrence: The Honourable Mr. Justice Caldwell The Honourable Mr. Justice Herauf Jackson J.A. (orally) [ 1 ] This is a Crown appeal from a refusal to order the forfeiture of a vehicle pursuant to s. 16(1) (b)(ii) of the Controlled Drugs and Substances Act , S.C. 1996, c. 19. Raymond Jean claimed a lawful right to possess the vehicle as he had bought it for his son, Andre Raymond Jean, who was repaying him.

A registration had been made at the Personal Property Registry after the offence had been committed, but the father did not claim that he held a security interest or any other basis upon which he had a legal right to possess the vehicle in the event of default.

Before the sentencing judge, it was agreed that the vehicle was “offence-related property”. [ 2 ] After the sentencing judge found that the offence had been committed in relation to the vehicle, he declined to grant a forfeiture order on the basis of the son’s promise to repay the amount of the purchase price. [ 3 ] In our respectful view, in light of the agreement and the evidence, there is no foundation upon which to distinguish R. v. Paziuk , 2007 SKCA 63 , 221 C.C.C. (3d) 518. Thus, the appeal must be allowed. The decision of the sentencing judge is set aside. The order requested by the Crown is granted.