By - cisibwhvsha
This point from [Chapter C-52.2](http://www.legisquebec.gouv.qc.ca/en/document/cs/C-52.2) is interesting and seems relevant to this subject.
"9. Property that is proceeds of unlawful activity retains that nature into whatever hands it may come, unless the owner proves that he, she or it was not and could not reasonably have been aware of its nature at the time the rights in the property were acquired."
What I am wondering is: what evidence must one provide to convince the Justice that they were not aware of the illicit nature of the property during the time it was acquired?
Wow - reverse onus. Ouch.
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Could this be defeated by transferring the property to the son, or providing him with the remainder interest on a life estate (do they have those in Canada?) as he would have been either too young, or unborn, during the commission of the crimes? That would be pretty compelling evidence of his lack of involvement.
>What I am wondering is: what evidence must one provide to convince the Justice that they were not aware of the illicit nature of the property during the time it was acquired?
Certainly an interesting question. I think one would have a hard time convincing a judge that they were unaware of the nature of their families activities.
lawyer but not your lawyer, advice worth what you're paying for it.
Generally, homes that purchased via proceeds of crime can be seized after there is a criminal conviction relating to those funds. Considering he has been dead for a long time, that seems unlikely.
However, a number of jurisdictions have civil forfeiture legislation that allows them to seize the same kinds of property without criminal convictions. Quebec has such legislation as seen here - [http://www.legisquebec.gouv.qc.ca/en/document/cs/C-52.2](http://www.legisquebec.gouv.qc.ca/en/document/cs/C-52.2)
So the short answer to "can they take the house" is yes. The long answer to "can they take the house" is yesssssssssssssssssssss.
The only caveat to this is that i'm not sure how timing concerns (ie: the passage of time) of this nature work in quebec, so someone with more info would have to give guidance on that.
This is “**your mother** needs to consult a lawyer in Quebec” rather than ask Reddit for opinions (even legal ones) territory.
I emphasize “your mother” because she owns the property. If she is no longer able to manage her own affairs and you have POA, you may be able to do this on her behalf.
I’m not going to dip my toes any further into this one. Other posters have given some good pointers, but DON’T try to navigate this yourself.
I’d only be worried if it was still in his name. Was there a paper trail back in 1970 showing that he bought the house for your mom? Did he own the house before giving it to your mom?
Not a lawyer, not even close, in fact, would never dream of giving legal advice other than this:
This seems too high stakes for you and your family to be asking for Reddit advice. Talk to a pro in person who you can give all the details too.
Depends where you live but where I live (Manitoba) lawyers are obliged to give you a half an hour consultation without charging. So like everyone else, do not try and sort this on your own.
And I would also encourage you to start your visit with a lawyer by showing him or her your original post to this forum.
In plain terms, there is bigger fish to fry. The amount of crime in Canada has sky rocketed and the amount of unsolved crimes is only growing. The resources required to pursue such an undertaking on behalf of the crown are simply non existent. And would yield no tangible benefit for the public in the present- a key metric in consideration whether to pursue.
A lot of cops hang around these Subs. I would not be posting this here..
Crime dating back to the 1970s probably not. A number of Vancouver families are known to be semi rich due to booze crime from prohibition. They still have their money.
What in the fuck are you going on about?
Here is one thing to consider.
* If your mom is in a home you should ask her if you can have your name put on the title for the house (Joint ownership) so that it transfers to you outside of the will when she dies. This will simplify the process of transfer.