Proposed property seizure law changes erode civil rights; BCCLA

VANCOUVER (NEWS 1130) – Proposed changes to the laws that allow the provincial government to seize property are getting swift backlash from civil rights advocates who say the modifications could make the rules ripe for abuse.

If passed, the amendments to the Civil Forfeiture Act would flip the burden of proof so the onus is on defendants to prove an asset is not an instrument or proceed of crime.

Solicitor General Mike Farnworth says the amendments, introduced today in the legislature, would expand the reach of the legal tools used to fight gangs and organized crime, make the process more efficient and cost-effective, and ensure maximum amounts of forfeited funds are available to invest in community safety programs.

The changes would enhance the potential for injustice and impact the human rights of everyone in B.C. by allowing the province to do things even police cannot, according to the BC Civil Liberties Association (BCCLA).

“This bill tilts the table so that the [case] director can ask your financial institution for that same information that police would need a warrant for on the new standard, which is ‘I have reason to believe,'” said Michael Vonn with BCCLA. “That’s a very different standard. What it actually means for the protection of people’s rights to their financial information is essentially an end run around all the protections that we spent decades honing.”

Under the current act, a judge decides if the case director has proved that seizing the property is in the interest of justice and can refuse to issue a forfeiture order, limit the application or put conditions on it.

Vonn says historic promises the government has made to only use civil forfeiture to rein in organized crime have not been upheld and the civil law has often been used to seize property from individuals who were acquitted of criminal charges.

“It’s like getting two kicks at the can,” she said. “The notion that the government says that this is the way they’re going to use [civil forfeiture] is like a promise written on the air. The only thing that matters is what powers are available. How they get used is nothing that the legislation specifies.”

The BCCLA was not part of the consultations to create the changes, according to Vonn, and the organization may consider legal action if the amendment becomes law.

“Whether the government can go to your bank and say ‘give us the records of X, Y or Z,’ we shouldn’t be comforted by the notion that ‘surely they wouldn’t abuse these powers.’ No one, I hope, it naive enough to think that because they hope that powers will be used for the good, it doesn’t mean that the potential for abuse isn’t ripe.”

B.C.’s civil forfeiture laws already favour the Crown, according to legal analyst Michael Shapray, who adds the law is already so broad that individuals essentially have to prove a legitimate source of the money that’s been seized.

“It’s a very overarching and overreaching act that allows them to seize properties and monies that are found, often without criminal proceedings, and obviously the test is much different in civil proceedings,” he said.

Opposition reaction

Liberal opposition public safety critic Mike Morris says there are some areas in the law he would like to see beefed up, but overall he applauds any move to strengthen civil forfeiture powers.

“[The BCCLA] have their job to do, we have ours, but when you look at the proliferation of organized crime and gangs in Canada and North America, they’re getting richer by the day,” he said. “Whatever we can do to stop that, the better.”

He said he thinks the process has sufficient checks, balances and transparency because each case is overseen by a judge in the Supreme Court.

“Those that claim that they’re going to be taken advantage of, they have some explaining to do because they’re probably involved in crime as well,” he said.

He said he would like more action to prevent individuals from destroying property before it can be seized, by allowing the assets to be immediately seized.

With files from the Canadian Press.