BC Court of Appeal to release judgment on civil forfeiture case

Vancouver – On February 20, 2014, the BC Court of Appeal will deliver oral reasons for judgment in Director of Civil Forfeiture v. Lloydsmith. The case was heard on February 17-18. The BCCLA is an intervener in the case.

In 2007, RCMP searched Mr. Lloydsmith’s home and seized marijuana plants. Mr. Lloydsmith was arrested, but he was never charged. Nearly four years after the search and seizure, the Director of Civil Forfeiture brought an action against Mr. Lloydsmith’s home on the basis of a referral from the RCMP.

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 Charter rights and remedies would be separated from the rest of the case and decided 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: BC Court of Appeal to release judgment in Director of Civil Forfeiture v. Lloydsmith
When: Friday, February 21, 2014 at 10:00 AM (PST)
Where: BC Court of Appeal (Vancouver, BC)
Who: Lawyer for the BCCLA available for comment