The BCCLA says that new amendments passed recently by the Province of B.C. to limit, and in some cases entirely avoid, judicial oversight of property seizures likely won‟t survive a court challenge.
The recently passed Civil Forfeiture Amendment Act allows the province to seize property if an appointed Director has “reason to believe” the property is proceeds or an instrument of crime. The law also says that for property valued at up to $75,000 (other than real estate), it is the owner who has to take the government to court to get his property back.
“The Supreme Court of Canada has ruled that civil forfeiture laws with judicial oversight may pass constitutional muster,” said Robert Holmes, President of the BCCLA. “But having a bureaucrat confiscate private property on the say-so of a police investigation that wouldn’t even support a criminal prosecution goes too far. It amounts to the executive usurping the judicial function and a denial of due process.”
The amendments were supported by both political parties in the legislature, even though the Solicitor General admitted that there was no public consultation process.
“A disturbing trend is developing. With the new impaired driving and high speed driving suspension laws, and the so-called “building” inspections in communities like Mission, governments are trying to avoid having to prove a case in court,” said Holmes. “Innocent people are being caught up in this new web of bureaucratic decision-making and face losing property and having to pay thousands of dollars in fines without any recourse.”
The provincial government argues that the change is justified because only two thirds of property seizures are contested in court by property owners and that providing due process through the justice system costs too much to be worthwhile.
“The rule of law requires that government not be allowed to take your belongings without due process,” said Holmes. “Even if one third of forfeiture cases are not contested, that does not mean judicial oversight is unnecessary. We don’t eliminate criminal trials and throw all accused persons in jail just because some cases result in guilty pleas.”
