With legalization days away in Canada, defense lawyers are warning that once weed is legal, police could increase their use of civil forfeiture — a process to seize people’s property without charging them with crimes — to crack down on people who violate cannabis laws.
Currently, police in eight provinces can use civil forfeiture laws to take houses, vehicles, cash or any other property that authorities suspect may be associated in some way with illegal activity. For law enforcement, the burden of proof needed to seize property is much lower than that needed to charge someone with a crime, which can make civil forfeiture an appealing alternative to laying criminal charges.
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“There’s a pattern by the B.C. government to use [forfeiture]” rather than laying criminal charges, Lee said, adding that in her view the tactic is essentially a “cash grab.”
“I get lots of clients who have their vehicles seized and are never charged with anything. They’re stopped for a traffic violation, the officer finds something unlawful, and the vehicle is seized,” Lee said.
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