Document Type

Working Paper

Publication Date

2023

Abstract

This paper examines the precedent-setting nature of Canada’s new legislation on foreign-owned asset forfeiture and some of the legal issues raised following the adoption of this new legislation. It also discusses some of the policy and legislative initiatives underway in other countries following upon Canada’s ground-breaking legislation and how the current global context is shaping these initiatives, specifically Russia’s invasion of Ukraine. As the paper argues, it is still an open question whether Canada’s independent initiative will set a new framework and precedent for asset forfeiture that will change customary international law on this matter or whether formidable political and legal hurdles domestically and/or internationally will thwart its development and usage.

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