Civil forfeiture in BC: how to fight it

The British Columbia government is revising civil forfeiture laws in the province. The Crown will have greater powers to take suspected a criminal’s property. It will also be more difficult for them to get it back. This blog will explain what civil forfeiture is, how it is changing and what you should do if the Crown has seized your property.

What is civil forfeiture?

Civil forfeiture enables the Crown to seize the “proceeds and instruments of unlawful activity”. This includes any assets paid for using the profits of an alleged unlawful activity or used in the process of an alleged illegal act. These assets can be anything from cars to homes to cash. In order to seize property, the Crown must prove it was involved in illegal activity. As the name suggests, civil forfeiture hearings are civil proceedings, not criminal. The standard of proof is lower in civil trials. The Crown has to prove an asset is more likely than not linked to a crime. In a criminal trial, the Crown has to prove its case beyond a reasonable doubt. The effect of this is you do not need to be convicted of a crime, or even charged, in order to have your property seized.

What is changing about civil forfeiture laws?

The Civil Forfeiture Act became law in BC in 2006. The biggest change the government proposes is shifting the burden of proof from the Crown to the defendant. Currently, the Crown has to prove an asset is an instrument or proceed from illegal activity. The changes would reverse the onus to the property owner to prove their obtained or used an asset lawfully. Other changes include allowing the Office of Civil Forfeiture to seize a suspected criminal’s assets before civil proceedings if a judge agrees. The office would also be able to compel banks to submit information before clients transfer assets. These are aimed at stopping people from transferring assets before police seize them. The changes are aimed at tackling issues such as fentanyl trafficking and money laundering. However, there is a real risk these changes could affect every day, innocent people and leave them with little recourse to make things right.

In the news

A story in the news this week provides a fairly common example of how civil forfeiture currently works in the province. Kyle Bird had his Jaguar XF seized under BC’s civil forfeiture laws as an “instrument of illegal activity”. Police pulled Bird over after observing him engage in “behaviour consistent with drug trafficking”. He was arrested but not criminally charged. He also reportedly has no previous charges or convictions. Regardless of the lack of any criminal charges or convictions, the Court permitted the vehicle’s seizure because it was a suspected tool in drug trafficking.

What to do if your property has been seized

There have been plenty of critics of the changes to civil forfeiture, our own Kyla Lee included. One of the concerns is that the police will now be able to seize vehicles of drivers who fail to stop “in a reasonable time” when signalled by an officer and the vehicle is being driven in a manner that could have caused harm. The vague wording of this legislation leaves it wide open for abuse. Our fear is that ordinary people who may and will fall victim to the abuse of these powers will not be able to defend themselves. You may well take the attitude of, “if you’ve done nothing wrong, you have nothing to worry about”. However, there are genuine concerns that you could do nothing wrong and still lose your property. If you want to fight a civil forfeiture lawsuit, you should hire a lawyer. They will have a greater chance of successfully arguing against the Crown’s evidence. Acumen Law Corporation has an enviable track record when it comes to civil forfeiture disputes. Call us on 604-685-8889 for a free consultation.