Vancouver – On February 17-18, 2014, the BC Court of Appeal will hear arguments in Director of Civil Forfeiture v. Lloydsmith. The BCCLA is an intervener in the case.

In 2007, RCMP searched and seized marijuana plants from Mr. Lloydsmith’s home. Mr. Lloydsmith was arrested, but he was never charged. The criminal investigation was closed in 2008. The marijuana plants seized in the investigation were destroyed in 2010. Nearly four years after the search, the Director of Civil Forfeiture brought an action against Mr. Lloydsmith’s home on the basis of a referral from the RCMP. The Director alleges that Mr. Lloydsmith’s home is the proceeds and an instrument of unlawful activity.

A judge of the BC Supreme Court found that there were several violations of the Charter of Rights and Freedoms in the manner of the search and seizure that took place at Mr. Lloydsmith’s house and in the course of Mr. Lloydsmith’s arrest and detention in 2007. Mr. Lloydsmith argued that his Charter right to be free from unreasonable search or seizure had been violated. The judge ordered that Mr. Lloydsmith’s Charter issues would be hived off and heard first, before a full discovery and trial process. The Director of Civil Forfeiture has appealed that decision to the BC Court of Appeal.

The BCCLA is represented in this case by Sean Hern and Michelle Yung of Farris.

The BCCLA’s argument in this case is available here >>

What: BCCA to hear oral arguments in Director of Civil Forfeiture v. Lloydsmith
When: Oral arguments to begin on Monday, February 17 at 10:00 am PST
Where: BC Court of Appeal (Vancouver, BC)
Who: Lawyers for the BCCLA available for comment

MEDIA CONTACTS
Raji Mangat, BCCLA Counsel: (604) 779-7701(604) 779-7701 or [email protected]