In R. v. Charles, 2020 QCCQ 8810, the accused was convicted of the offence of possession of child pornography. The Crown sought forfeiture of a computer and a USB key that had been seized by the police, pursuant to section 164.2 of the Criminal Code. The accused consented to the items being forfeited, but argued that family photos that were contained within the computer and USB key should be returned to him. The Crown submitted that that section 164.2 does not provide the Court with the discretion to order partial forfeiture.
Justice Millar concluded that “s. 164.2 Cr. C. is clear and cannot be interpreted as permitting the partial forfeiture of property seized…The Court finds that it does not have the power to order partial forfeiture under s. 164.2 Cr. C.” (at paragraphs 44 and 45).