Category Archives: #Recovery Projects

Link to Map on Raremaps.com Title: Map of the Indian Tribes of North Amer­ica about 1600 A.D. along the Atlantic; & about 1800 A.D. West­wardly | Map Maker: Amer­i­can Anti­quar­ian Soci­ety | Place / Date: Cam­bridge, MA / 1836 | Col­or­ing: Hand Col­ored

Pub­lished by the Amer; Antiq; Soc: From adraw­ing by Hon; A. Gal­latin. Pendleton’s Lith­o­g­ra­phy, Cam­bridge Mass­a­chu­setts, 1836,15x16, sub­stan­tial hand color. This is the famous Gal­latin map that Wheat speaks so favor­ably about. Gal­latin had made a long study of the Indian tribes and pub­lished this map locat­ing the tribes his­tor­i­cally. The map has ten col­ors and these areused to locate the var­i­ous tribes and was the ear­li­est map to do so and thus he is called the father of Amer­i­can Eth­nol­ogy. Gal­latin was not con­tent with this accom­plish­ment and added new impor­tant infor­ma­tion in the south west based on Smith’s explo­rations.  Smith’s routes of 1826 and 1827  are shown on the map. With them for the first time is shown the Great Basin and the gen­eral lay­out of the rivers in the region.

The Sov­er­eign Nations known to be the Six Nation Con­fed­er­acy, have over time been defined by cor­po­rate mech­a­nisms to exploit the wealth of the first nations peoples.

Like then, today we face cor­po­ra­tized manip­u­la­tion of our inter­ests and that leads to con­fu­sion of the issues, how­ever sim­ply does the cor­po­ra­tion have a bet­ter claim than the Real-Six Nations and its members?

Over the last two years I have been ques­tion­ing the law­ful nature on which Brant­ford Relies to side­step our inter­ests, the con begins when Brant­ford is allowed to con­tinue to par­cel off and sell free and clear titles to land it does not law­fully own.

In the paper­work We have filed, we asked for the orig­i­nal instru­ments that con­vey title from the six nations to the city. I believe all that exists is a lease agree­ment that the city has which has never been hon­ored, the city and upper gov­ern­ments are proud of this fact because it dis­misses the orig­i­nal oblig­a­tion by not estab­lish­ing oblig­a­tion through any pay­ments that may have been made.

Another lame argu­ment that the crown allow us to use the land, how­ever it is they who fol­lowed the six nations after they [Britons] where van­quished from the USofA, then only after con­trived attacks on our peo­ple, the crown offered pro­tec­tion in exchange for our sov­er­eignty, a one handed agree­ment that in all com­mon since seems evi­dently unlaw­ful, and attempts to over­step the found­ing treaty/agreement known as the TWO ROW WAMPUM, “a per­pet­ual reser­va­tion of our sovereignty”

Closed

Def­i­n­i­tion — adj 1 : con­fined to a few <~ mem­ber­ship> 2 : exclud­ing out­siders or wit­nesses 3 : con­ducted in secrecy <~ hearings>

War

A con­tention by force; or the art of par­a­lyz­ing the forces of an enemy. National wars are said to be offen­sive or defen­sive. War is offen­sive on the part of that gov­ern­ment which com­mits the first act of vio­lence; it is defen­sive on the part of that gov­ern­ment which receives such act; but it is very dif­fi­cult to say what is the first act of vio­lence. If a nation sees itself men­aced with an attack, its first act of vio­lence to pre­vent such attack, will be con­sid­ered as defensive.

Click image(s) to enlarge for full view of maps

Some claim that we will only see a mon­e­tary set­tle­ment for occu­pied lands we already hold para­mount inter­est to, well we have set the price and its now up to the Cor­po­ra­tion of the City of Brant­ford to accept or dis­honor your­selves once. again.

http://brantfordexpositor.ca/ArticleDisplay.aspx?e=3009585

Com­mer­cial Affi­davit: http://benjamindoolittle.com/Original-Authority.html

Affi­davit “Orig­i­nal Author­ity” sent to the City of Brant­ford demand­ing proof of claims they hold supe­rior inter­ests. The affi­davit was unre­butted, and is now the law on which mine and the cities rela­tion­ship and under­stand­ing is based.

Pre­ven­tive Justice

Exo­dus 20:15; Deuteron­omy 5:19 “You shall not steal.”

Exo­dus 22:5 “If a man causes a field or vine­yard to be grazed over, or lets his beast loose and it feeds in another man’s field, he shall make resti­tu­tion from the best in his own field and in his own vine­yard.” Take steps to safe­guard the prop­erty of oth­ers.

Love for our neigh­bors requires respect for their prop­erty, which was given to them by God and for which they must exer­cise stew­ard­ship before Him. We must not allow any care­less­ness on our part to be a cause of our neighbor’s prop­erty being dam­aged or destroyed. The peo­ple of Israel were expected to take pre­ven­tive mea­sures in order to ensure that their cat­tle or herds did not wan­der into the fields or vine­yards of their neigh­bors. They could put up hedges, make sure their cat­tle were not unat­tended as they grazed, or by other means guard against infring­ing the prop­erty rights of their neigh­bors. To fail to do so and to allow one’s beast to graze in the fields of your neigh­bor was to steal from your neigh­bor, and thus upset the bal­ance of jus­tice. The way to avoid this was to take pre­ven­tive steps, to use good plan­ning and proven means to ensure that your neighbor’s wealth would not be jeop­ar­dized by your lack of con­sid­er­a­tion and love. Pre­ven­tive jus­tice attempts to antic­i­pate actions that might bring harm to oth­ers or their prop­erty and to pre­scribe means to avoid that hap­pen­ing, to ensure that the scales of jus­tice remain in bal­ance. Traf­fic laws are an excel­lent con­tem­po­rary exam­ple. In order to pro­tect the lives and prop­erty of our neigh­bors, all dri­vers are expected to con­form to the rules of the road, thus pre­vent­ing acci­dents by rea­son­able means adhered to by all.

Note: Canada’s own crim­i­nal code is a viable source to base our inde­pen­dent charges, we may not rec­og­nize it but it is some­thing which the Cana­dian courts can under­stand, besides the men and women should know the risk if they have left that up to the solic­i­tor they are fools!

Cana­dian Laws Deal­ing With Fraud

Note: the fol­low­ing “CODE” [laws] have been con­densed and para­phrased for ease of under­stand­ing and rel­e­vance to the frauds cov­ered. They are for ref­er­ence use only to show the duplic­ity of respon­si­bil­ity and the myr­iad nature of deter­min­ing an ade­quate offense. It is hoped that the offend­ers will be charged with all applic­a­ble offenses in order to boost the sentence

Crim­i­nal Code Offences

Cana­dian theft and fraud laws are built on the sim­ple notion that exploitive dis­hon­esty should be for­bid­den. Start­ing from the premise that hon­esty and dis­hon­esty are such basic notions that every­body under­stands them, crim­i­nal law should clearly pro­hibit acts com­monly con­sid­ered dis­hon­est to under­line this under­stand­ing. A per­son com­mits fraud who dis­hon­estly by a) deceit; b) unfair nondis­clo­sure; c) unfair exploita­tion induces any per­son or the pub­lic to part with any prop­erty or to suf­fer a finan­cial loss.

This cov­ers dis­hon­est appro­pri­a­tion by deceit as in cases where the owner is deceived into will­ingly part­ing with his prop­erty with the inten­tion of per­ma­nently depriv­ing the other of it. While deceit means any false rep­re­sen­ta­tion it does not include an expres­sion of opin­ion not made as a state­ment of fact.

A seller has some lat­i­tude in “puff­ing” his goods, but he is not autho­rized to mis­rep­re­sent them or to assign to them ben­e­fits they do not pos­sess. State­ments made for the pur­pose of deceiv­ing prospec­tive pur­chasers can­not prop­erly be char­ac­ter­ized as mere puff­ing.

Unfair nondis­clo­sure is where a duty to dis­close arises from

	a) a spe­cial rela­tion­ship enti­tling the vic­tim to rely on the accused or
	b) con­duct by the accused cre­at­ing a false impres­sion in the victim’s mind or
	c) cir­cum­stances where nondis­clo­sure would cre­ate a false impres­sion in the mind of any rea­son­able person.

Unfair exploita­tion means exploitation

	a) of another’s men­tal deficiency
	b) of another’s mis­take inten­tion­ally or reck­lessly induced by the accused or
	c) another’s mis­take induced by the unlaw­ful con­duct of a third party act­ing with the accused.

Theft

322. (1) Every one com­mits theft who fraud­u­lently … takes, or … con­verts to his use or to the use of another per­son, any­thing, …with intent (a) to deprive … the owner of it … (b) to pledge it or deposit it as secu­rity; © to part with it under a con­di­tion … that the per­son … may be unable to per­form; or (d) to deal with it in such a man­ner that it can­not be restored … (3) A tak­ing … may be fraud­u­lent … with­out secrecy or attempt at concealment.

Theft by per­son hold­ing power of attorney

331. Every one com­mits theft who, ( mis­ap­pro­pri­ates money while act­ing as power of attorney).

Mis­ap­pro­pri­a­tion of money held under direction

332. (1) Every one com­mits theft who, ( mis­ap­pro­pri­ates money held for direction ).

Pun­ish­ment for theft

334. (a) …liable to impris­on­ment for a term not exceed­ing ten years, where the prop­erty stolen is a tes­ta­men­tary instru­ment or the value of what is stolen exceeds five thou­sand dol­lars; or (b) is guilty (i) of an indictable offence and is liable to impris­on­ment for a term not exceed­ing two years, or (ii) of an offence pun­ish­able on sum­mary con­vic­tion, where the value of what is stolen does not exceed five thou­sand dollars.

Crim­i­nal breach of trust

336. Every one who, being a trustee of any­thing … for a pub­lic or char­i­ta­ble pur­pose, con­verts, with intent to defraud … to a use that is not autho­rized by the trust is guilty of an indictable offence and liable to impris­on­ment for a term not exceed­ing four­teen years.

Fraud­u­lent concealment

341. Every one who, for a fraud­u­lent pur­pose, takes, obtains, removes or con­ceals any­thing is guilty of an indictable offence and liable to impris­on­ment for a term not exceed­ing two years.

Theft, forgery, etc., of credit card

342. (1) Every per­son who (a) steals … (b) forges … © pos­sesses, uses or traf­fics in a credit card … know­ing that it was obtained, made or altered … (d) uses a credit card know­ing that it has been revoked or can­celled, is guilty of (e) an indictable offence and is liable to impris­on­ment for a term not exceed­ing ten years, or (f) an offence pun­ish­able on sum­mary conviction.

Unau­tho­rized use of credit card data

(3) Every per­son who, fraud­u­lently … pos­sesses, uses, traf­fics in or per­mits another per­son to use credit card data, whether or not authen­tic, … is guilty of (a) an indictable offence and is liable to impris­on­ment for a term not exceed­ing ten years; or (b) an offence pun­ish­able on sum­mary conviction.

Mak­ing, hav­ing or deal­ing in instru­ments for forg­ing or fal­si­fy­ing credit cards

342.01 (1) Every per­son who, with­out law­ful jus­ti­fi­ca­tion … (a) makes or repairs, (b) buys or sells, © exports from or imports into Canada, or (d) pos­sesses any device … for use in forg­ing or fal­si­fy­ing credit cards is … liable to impris­on­ment for a term not exceed­ing ten years, or is guilty of an offence pun­ish­able on sum­mary conviction.

Bring­ing into Canada prop­erty obtained by crime

357. Every one who brings into or has in Canada any­thing that he has obtained out­side Canada by an act that, if it had been com­mit­ted in Canada, would have been the offence of theft or an offence under sec­tion 342 or 354 is …liable to a term of impris­on­ment not exceed­ing ten years.

False Pre­tences

361. (1) A false pre­tence is a rep­re­sen­ta­tion of a mat­ter of fact either present or past, made by words or oth­er­wise, that is known by the per­son who makes it to be false and that is made with a fraud­u­lent intent to induce the per­son to whom it is made to act on it. 362. (1) Every one com­mits an offence who (a) by a false pre­tence … obtains any­thing in respect of which the offence of theft may be com­mit­ted or causes it to be deliv­ered to another per­son; (b) obtains credit by a false pre­tence or by fraud; © know­ingly makes … a false state­ment in writ­ing … with respect to the finan­cial con­di­tion or means or abil­ity to pay … (i) the deliv­ery of per­sonal prop­erty, (ii) the pay­ment of money, (iii) the mak­ing of a loan, … or credit … (vi) the mak­ing, accept­ing, dis­count­ing or endors­ing of a bill of exchange, cheque, draft or promis­sory note; or (d) know­ing that a false state­ment in writ­ing has been made … (2) Every one who com­mits an offence under para­graph (1)(a) (a) … liable to a term of impris­on­ment not exceed­ing ten years, where the prop­erty obtained is a tes­ta­men­tary instru­ment or the value of what is obtained exceeds five thou­sand dol­lars; or (b) is guilty (i) of an indictable offence and is liable to impris­on­ment for a term not exceed­ing two years, or (ii) of an offence pun­ish­able on sum­mary con­vic­tion, where the value of what is obtained does not exceed five thou­sand dol­lars. (3) … under para­graph (1)(b), © or (d) is guilty of an indictable offence and liable to impris­on­ment for a term not exceed­ing ten years.

Pre­sump­tion from cheque issued with­out funds

(4) Where … it is shown that any­thing was obtained …by means of an (NSF) cheque … it shall be pre­sumed to have been obtained by a false pre­tence, unless the court is sat­is­fied by evi­dence that when the accused issued the cheque he believed on rea­son­able grounds that it would be honoured …

Obtain­ing exe­cu­tion of valu­able secu­rity by fraud

363. Every one who, with intent to defraud or injure another per­son, by a false pre­tence causes or induces any per­son (a) to exe­cute, make, accept, endorse or destroy the whole or any part of a valu­able secu­rity, or (b) to write, impress or affix a name or seal on any paper or parch­ment in order that it may after­wards be made or con­verted into or used or dealt with as a valu­able secu­rity, … liable to impris­on­ment for a term not exceed­ing five years.

Forgery and Offences Resem­bling Forgery

366. (1) Every one com­mits forgery who makes a false doc­u­ment, know­ing it to be false, with intent (a) that it should in any way be used or acted on as gen­uine, to the prej­u­dice of any one whether within Canada or not; or (b) that a per­son should be induced, by the belief that it is gen­uine, to do or to refrain from doing any­thing, whether within Canada or not.

Mak­ing false document

(2) Mak­ing a false doc­u­ment includes (a) alter­ing a gen­uine doc­u­ment in any mate­r­ial part; (b) mak­ing a mate­r­ial addi­tion to a gen­uine doc­u­ment or adding to it a false date, attes­ta­tion, seal or other thing that is mate­r­ial; or © mak­ing a mate­r­ial alter­ation in a gen­uine doc­u­ment by era­sure, oblit­er­a­tion, removal or in any other way. (3) Forgery is com­plete as soon as a doc­u­ment is made… (4) Forgery is com­plete notwith­stand­ing that the false doc­u­ment is incom­plete … 367. Every one who com­mits forgery (a) … liable to impris­on­ment for a term not exceed­ing ten years; or (b) is guilty of an offence pun­ish­able on sum­mary conviction.

Utter­ing forged document

368. (1) Every one who, know­ing that a doc­u­ment is forged, (a) uses, deals with or acts on it, or (b) causes or attempts to cause any per­son to use, deal with or act on it, as if the doc­u­ment were gen­uine, © … liable to impris­on­ment for a term not exceed­ing ten years; or (d) is guilty of an offence pun­ish­able on sum­mary con­vic­tion. (2) For the pur­poses of pro­ceed­ings under this sec­tion, the place where a doc­u­ment was forged is not material.

Exche­quer bill paper, pub­lic seals, etc.

369. Every one who, with­out law­ful author­ity … (a) makes, uses or know­ingly has in his pos­ses­sion (i) any … paper that is used to make bank-notes, or (b) … has in his pos­ses­sion any plate, die, machin­ery, instru­ment or other writ­ing or mate­r­ial … intended to be used to com­mit forgery … is liable to impris­on­ment for a term not exceed­ing four­teen years.

False mes­sages

372. (1) Every one who, with intent to injure or alarm any per­son, con­veys or causes or pro­cures to be con­veyed by let­ter, telegram, tele­phone, … infor­ma­tion that he knows is false is … liable to impris­on­ment for a term not exceed­ing two years.

Draw­ing doc­u­ment with­out author­ity, etc.

374. Every one who (a) with intent to defraud … makes, exe­cutes, draws, signs, accepts or endorses a doc­u­ment in the name or on the account of another per­son … or (b) makes use of or utters a doc­u­ment … made, exe­cuted, signed, accepted or endorsed with intent to defraud … liable to impris­on­ment for a term not exceed­ing four­teen years.

Obtain­ing, etc., by instru­ment based on forged document

375. Every one who demands, receives or obtains any­thing, or causes or pro­cures any­thing to be deliv­ered or paid to any per­son under, on or by virtue of any instru­ment issued under the author­ity of law, know­ing that it is based on a forged doc­u­ment, …liable to impris­on­ment for a term not exceed­ing four­teen years.

FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE

Fraud

380. (1) Every one who, by deceit, false­hood or other fraud­u­lent means … defrauds the pub­lic or any per­son, whether ascer­tained or not, of any prop­erty, money or valu­able secu­rity or any ser­vice, (a) … liable to a term of impris­on­ment not exceed­ing ten years, where ( a will is involved ) or the value …exceeds five thou­sand dol­lars; or (b) is …liable to impris­on­ment for a term not exceed­ing two years, or (ii) of an offence pun­ish­able on sum­mary con­vic­tion, where the value …does not exceed five thou­sand dollars.

Affect­ing pub­lic market

380 (2) Every one who, by deceit, false­hood or other fraud­u­lent means … with intent to defraud, affects the pub­lic mar­ket price of stocks, shares, mer­chan­dise or any­thing that is offered for sale … liable to impris­on­ment for a term not exceed­ing ten years.

Using mails to defraud

381. Every one who makes use of the mails for the pur­pose of trans­mit­ting or deliv­er­ing let­ters or cir­cu­lars con­cern­ing schemes devised or intended to deceive or defraud the pub­lic, or for the pur­pose of obtain­ing money under false pre­tences, is … liable to impris­on­ment for a term not exceed­ing two years.

Fraud­u­lent manip­u­la­tion of stock exchange transactions

382. Every one who, through the facil­ity of a stock exchange … with intent to cre­ate a false or mis­lead­ing appear­ance of active pub­lic trad­ing …with respect to the mar­ket price of a secu­rity, (a) effects a trans­ac­tion in the secu­rity that involves no change in the ben­e­fi­cial own­er­ship thereof, (b) enters ( match­ing buy and sell orders ) is … liable to impris­on­ment for a term not exceed­ing five years.

Gam­ing in stocks or merchandise

383. (1) Every one is guilty of an indictable offence and liable to impris­on­ment for a term not exceed­ing five years who, with intent to make gain or profit by the rise or fall in price of the stock of an incor­po­rated or unin­cor­po­rated com­pany or under­tak­ing, whether in or out­side Canada, or of any goods, wares or mer­chan­dise, (a) makes or signs … any con­tract or agree­ment, oral or writ­ten, pur­port­ing to be for the pur­chase or sale of shares of stock or goods, wares or mer­chan­dise, with­out the bona fide inten­tion of acquir­ing or (b) deliv­er­ing the shares, goods, wares or mer­chan­dise or of sell­ing them, as the case may be, but this sec­tion does not apply where a bro­ker, on behalf of a pur­chaser, receives delivery…

Fraud­u­lent receipts under Bank Act

390. …liable to impris­on­ment for a term not exceed­ing two years who (a) will­fully makes a false state­ment in any receipt, cer­tifi­cate or acknowl­edg­ment for any­thing that may be used for a pur­pose men­tioned in the Bank Act; or (b) will­fully, (i) after giv­ing to another per­son, (ii) after a per­son employed by him has, to his knowl­edge, given to another per­son, or (iii) after obtain­ing and endors­ing or assign­ing to another per­son, any receipt, cer­tifi­cate or acknowl­edg­ment for any­thing that may be used for a pur­pose men­tioned in the Bank Act, with­out the con­sent in writ­ing of the holder or endorsee or the pro­duc­tion and deliv­ery of the receipt, cer­tifi­cate or acknowl­edg­ment, alien­ates or parts with, or does not deliver to the holder or owner the prop­erty men­tioned in the receipt, cer­tifi­cate or acknowledgment.

Dis­posal of prop­erty to defraud creditors

392. Every one who, (a) with intent to defraud his cred­i­tors, (i) makes or causes to be made any gift, con­veyance, assign­ment, sale, trans­fer or deliv­ery of his prop­erty, or (ii) removes, con­ceals or dis­poses of any of his prop­erty, or (b) with intent that any one should defraud his cred­i­tors, receives any ( such ) prop­erty … impris­on­ment for a term not exceed­ing two years.

Fal­si­fi­ca­tion of Books and Documents

397. (1) Every one who, with intent to defraud, (a) destroys, muti­lates, alters, fal­si­fies or makes a false entry in, or (b) omits a mate­r­ial par­tic­u­lar from, or alters a mate­r­ial par­tic­u­lar in, a book, paper, writ­ing, valu­able secu­rity or doc­u­ment … liable to impris­on­ment for a term not exceed­ing five years. (2) Every one who, with intent to defraud his cred­i­tors, is privy to the com­mis­sion of an offence under sub­sec­tion (1) is … liable to impris­on­ment for a term not exceed­ing five years.

False prospec­tus, etc.

400. (1) Every one who makes, cir­cu­lates or pub­lishes a prospec­tus, a state­ment or an account, whether writ­ten or oral, that he knows is false in a mate­r­ial par­tic­u­lar, with intent (a) to induce per­sons, whether ascer­tained or not, to become share­hold­ers or part­ners in a com­pany, (b) to deceive or defraud the mem­bers, share­hold­ers or cred­i­tors, whether ascer­tained or not, of a com­pany, or © to induce any per­son to (i) entrust or advance any­thing to a com­pany, or (ii) enter into any secu­rity for the ben­e­fit of a com­pany, is … liable to impris­on­ment for a term not exceed­ing ten years. (2) In this sec­tion, “com­pany” means a syn­di­cate, body cor­po­rate or com­pany, whether exist­ing or pro­posed to be created.

Per­son­ation with intent

403. Every one who fraud­u­lently per­son­ates any per­son, liv­ing or dead, (a) with intent to gain advan­tage for him­self or another per­son, (b) with intent to obtain any prop­erty or an inter­est in any prop­erty, or © with intent to cause dis­ad­van­tage to the per­son whom he per­son­ates or another per­son, is … liable to impris­on­ment for a term not exceed­ing ten years or an offence pun­ish­able on sum­mary conviction.

Pass­ing off

408. Every one … who, with intent to deceive or defraud the pub­lic or any per­son, whether ascer­tained or not, (a) passes off other wares or ser­vices as and for those ordered or required; or (b) makes use, in asso­ci­a­tion with wares or ser­vices, of any descrip­tion that is false in a mate­r­ial respect regard­ing (i) the kind, qual­ity, quan­tity or com­po­si­tion, (ii) the geo­graph­i­cal ori­gin, or (iii) the mode of the man­u­fac­ture, pro­duc­tion or per­for­mance of those wares or ser­vices. … liable to impris­on­ment for a term not exceed­ing two years; or (b) an offence pun­ish­able on sum­mary conviction.

Laun­der­ing pro­ceeds of crime

462.31 (1) Every one com­mits an offence who uses, trans­fers the pos­ses­sion of, sends or deliv­ers to any per­son or place, trans­ports, trans­mits, alters, dis­poses of or oth­er­wise deals with, in any man­ner and by any means, any prop­erty or any pro­ceeds of any prop­erty with intent to con­ceal or con­vert that prop­erty or those pro­ceeds, know­ing or believ­ing that all or a part of that prop­erty or of those pro­ceeds was obtained or derived directly or indi­rectly as a result of (a) the com­mis­sion in Canada of an enter­prise crime offence or a des­ig­nated sub­stance offence; or (b) an act or omis­sion any­where that, if it had occurred in Canada, would have con­sti­tuted an enter­prise crime offence or a des­ig­nated sub­stance offence. (2) … liable to impris­on­ment for a term not exceed­ing ten years; or (b) is guilty of an offence pun­ish­able on sum­mary conviction.

For­fei­ture of Pro­ceeds of Crime

A recent amend­ment to the Crim­i­nal Code tar­gets the pro­ceeds of decep­tive tele­mar­ket­ing for seizure and for­fei­ture on the same basis as the pro­ceeds of other types of fraud and drug traf­fick­ing. 462.37 (1) … where an offender is con­victed, or dis­charged … of an enter­prise crime offence and … any prop­erty is pro­ceeds of crime … the prop­erty be for­feited to Her Majesty to be dis­posed of as the Attor­ney Gen­eral directs … (2) Where the evi­dence does not estab­lish … that the enter­prise crime offence … was com­mit­ted in rela­tion to prop­erty … but sat­is­fied … that that prop­erty is pro­ceeds of crime, the court may make an order of forfeiture …

Fine instead of forfeiture

(3) Where … prop­erty … (a) can­not, on the exer­cise of due dili­gence, be located, (b) has been trans­ferred to a third party, © is located out­side Canada, (d) has been sub­stan­tially dimin­ished in value or ren­dered worth­less, or (e) has been com­min­gled with other prop­erty that can­not be divided with­out dif­fi­culty, the court may, instead of for­feit… (1), order the offender to pay a fine in an amount equal to the value of that prop­erty, part or interest.

Impris­on­ment in default of pay­ment of fine

(4) … the court shall (a) impose, in default of pay­ment of that fine, a term of impris­on­ment (i) not exceed­ing six months, where the amount of the fine does not exceed ten thou­sand dol­lars, rang­ing upwards to (vii) not less than five years and not exceed­ing ten years, where the amount of the fine exceeds one mil­lion dol­lars; and (b) direct that the term of impris­on­ment … be served con­sec­u­tively to any other term of impris­on­ment imposed …

Order of restora­tion of property

(3) Where a court is sat­is­fied that any per­son … is the law­ful owner or is law­fully enti­tled to pos­ses­sion … the court may order that the prop­erty or part thereof be returned to that person.

Appli­ca­tion by per­son claim­ing inter­est for relief from forfeiture

462.42 (1) Where any prop­erty is for­feited to Her Majesty … any per­son who claims an inter­est in the prop­erty, other than the offender … may, within thirty days after that for­fei­ture, apply by notice in writ­ing to a judge for an order under sub­sec­tion (4). (2) The judge to whom an appli­ca­tion is made under sub­sec­tion (1) shall fix a day not less than thirty days after the date of fil­ing of the appli­ca­tion for the hear­ing thereof. (3) An appli­cant shall serve a notice of the appli­ca­tion made under sub­sec­tion (1) and of the hear­ing thereof on the Attor­ney Gen­eral at least fif­teen days before the day fixed for the hear­ing. (4) Where, on the hear­ing of an appli­ca­tion … the judge may make an order declar­ing that the inter­est of the appli­cant is not affected by the for­fei­ture and declar­ing the nature and extent of the inter­est. (6) The Attor­ney Gen­eral shall … (a) direct that the prop­erty or the part thereof to which the inter­est of the appli­cant relates be returned to the appli­cant; or (b) direct that an amount equal to the value of the inter­est of the appli­cant, as declared in the order, be paid to the applicant.

Killing by influ­ence on the mind

228. No per­son com­mits cul­pa­ble homi­cide where he causes the death of a human being (a) by any influ­ence on the mind alone, or (b) by any dis­or­der or dis­ease result­ing from influ­ence on the mind alone, but this sec­tion does not apply where a per­son causes the death of a child or sick per­son by will­fully fright­en­ing him.