Forfeiture of Contraband

FORFEITURE OF CONTRABAND

35. (1) Forfeiture - Subject to subsections (2) and (3), where an inmate is convicted in disciplinary court of possession of contraband, the contraband in respect of which the inmate is convicted is forfeited to Her Majesty in right of Canada.
(2) Exception - Where, on application made by an inmate in accordance with the regulations within three months after a forfeiture referred to in subsection (1), it is established to the satisfaction of the Commissioner or a member of the Service designated by the Commissioner that the forfeiture would cause undue hardship to the inmate, the Commissioner or that member shall, if possession of the object forfeited by the inmate would be lawful, cancel the forfeiture and order that the object be delivered to the inmate.
(3) Idem - Where, within three months after a forfeiture referred to in subsection (1), it is established to the satisfaction of the Commissioner or a member of the Service designated by the Commissioner that a person other than the inmate has title to or an interest in an object forfeited and is innocent of any complicity in the events that resulted in the forfeiture, the Commissioner or that member shall, if possession of the object forfeited by that person would be lawful, cancel the forfeiture and order that the object be delivered to that person.
(4) Definition of "contraband" - For the purposes of this section, "contraband" means anything that is in an inmate's possession in circumstances in which possession thereof is forbidden by any Act, regulation or Commissioner's directive, or by an order of general or specific application within the penitentiary in which the inmate is imprisoned. [1976-77 c53 s43; RSC 1985 c35 (2nd Supp) ss18, 27]
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