Case information
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36105
Minister of Justice, et al. v. Heng Kiet Kouch
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-12-18 | Close file on Leave | |
| 2014-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-12 | Judgment on leave sent to the parties | |
| 2014-12-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1301-0183-AC, 2014 ABCA 215, dated June 30, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-11-17 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-11-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-11-03, (Electronic version filed on 2014-11-03) | Minister of Justice |
| 2014-10-24 | Certificate (on limitations to public access) | Heng Kiet Kouch |
| 2014-10-24 | Book of authorities, (Book Form) | Heng Kiet Kouch |
| 2014-10-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Heng Kiet Kouch |
| 2014-10-20 | Correspondence received from, Applicant, re.: will file final order November 20, 2014 | Minister of Justice |
| 2014-09-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED SEPTEMBER 30, 2014 | |
| 2014-09-29 | Certificate (on limitations to public access) | Minister of Justice |
| 2014-09-29 | Book of authorities, (Book Form) | Minister of Justice |
| 2014-09-29 | Application for leave to appeal, (Book Form), final CA order to come - formal order form rec'd 2014/10/20. Final Order rec'd Oct. 31/2014, Completed on: 2014-11-03, (Electronic version filed on 2014-10-02) | Minister of Justice |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Minister of Justice | Applicant | Active |
| Attorney General of Alberta | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kouch, Heng Kiet | Respondent | Active |
Counsel
Party: Minister of Justice
Counsel
639 - 5th Avenue S.W.
Suite 1710 Standard Life Tower
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-2001
FAX: (403) 662-3824
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General of Alberta
Counsel
639 - 5th Avenue S.W.
Suite 1710 Standard Life Tower
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-2001
FAX: (403) 662-3824
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Kouch, Heng Kiet
Counsel
Calgary, Alberta
T2N 2A1
Telephone: (403) 470-4858
FAX: (403) 262-1115
Email: karenmolle@gmail.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Property – Forfeiture orders – What is the proper approach to adjudicating requests for relief from forfeiture of property that is the proceeds of crime or that was used as an instrument of illegal activity – Which party bears the onus when the court considers relief against forfeiture – What factors, if any, are determinative when relief from forfeiture is sought – Victim Restitution and Compensation Payment Act, S.A. 2001, c. V-3.5, s. 19.94.
Ms. Kouch pled guilty to the production of marihuana in contravention of s. 7(1) of the Controlled Drugs and Substances Act, S.C. 1996, c-19. Police found a three-stage marihuana grow operation consisting of 128 growing marihuana plants and grow operation equipment in Ms. Kouch’s basement which had been entirely converted for the production of marihuana. At sentencing, counsel for Ms. Kouch outlines that she was 63 years old, had no criminal record and had immigrated from Vietnam 30 years prior. Ms. Kouch was sentenced to a one-year conditional sentence with 24 hour house arrest for four months, a curfew for two months and no curfew for the remaining six months. She is subject to a 10-year weapons prohibition, a secondary DNA order and was required to perform 30 hours of community service or make an equivalent charitable donation. The Minister sought forfeiture of the house under ss. 19.8 and 19.94 of the Victim Restitution and Compensation Payment Act, S.A. 2001, c. V-3.5 on the basis that the property was used to carry out an illegal act that resulted in, was likely to result in, or was intended to result in the acquisition of other property, namely cash or in bodily harm. The hearing judge declined to exercise her discretion to grant relief from forfeiture however, the Court of Appeal allowed the appeal finding that the evidence relating to the crop value was inadmissible. The property disposal order was therefore vacated.
Lower court rulings
Court of Queen’s Bench of Alberta
1101-03011
Forfeiture order granted
Court of Appeal of Alberta (Calgary)
1301-0183-AC, 2014 ABCA 215
Appeal allowed; forfeiture order vacated
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available