Amendments to the Civil Forfeiture Act will make it more cost-effective to seize property associated with unlawful activity, including small amounts of cash.
If passed, Bill 6 - The Civil Forfeiture Amendment Act would make British Columbia the first Province to establish "administrative forfeiture" - a more streamlined, cost-effective process that applies only to cases where the property is worth $75,000 or less and the Province's claim goes undisputed.
Under the current Civil Forfeiture Act, the Province must go through several steps, incurring thousands of dollars in legal costs, to secure the forfeiture of any property, even if no parties dispute the Province's claim. This makes it cost-prohibitive to pursue many cases involving low-value property and small amounts of cash commonly seized from drug dealers, gang members and other organized crime groups.
With the new administrative forfeiture process, the Province will continue to notify parties who have a known interest in property involved in a forfeiture action. However, if no one disputes the Province's claim within 60 days of notification, the director of civil forfeiture will be able to dispose of the property. This will greatly reduce the Province's legal costs and time commitment and deliver more proceeds back into local crime prevention and remediation efforts.
Premier Christy Clark is committed to further expanding the successful Civil Forfeiture Office and reducing the profits associated with unlawful activity. The Province will develop new legislation to provide the Criminal Justice Branch with the direction and authority to manage restrained property and dispose of proceeds forfeited through the criminal law process.
Quick Facts:
- In 2006, B.C. became the second Canadian province with a civil forfeiture program targeting the tools and proceeds of unlawful activity. Today, seven provinces have such programs.
- Of nearly 250 cases completed to date, the program has yet to lose one. Its success continues to grow, with almost $17 million in proceeds forfeited to the Province to date, including $5.3 million in 2010.
- In nearly one-third of the cases, individuals have not contested or even responded to the notice of forfeiture.
- Last year, the Civil Forfeiture Office concluded 74 cases and secured 18 properties, six vehicles and 56 sums of cash.
- Since Jan. 1, 2011, police have referred 60 new files for which the office has initiated proceedings. Today, more than 200 cases are ongoing and the net value of assets currently restrained pending resolution of active forfeiture actions is $22.6 million.
Learn More:
Read about the most valuable Vancouver house forfeited to the Province to date: http://www2.news.gov.bc.ca/news_releases_2009-2013/2011PSSG0003-000013.htm
View the current Civil Forfeiture Act: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_05029_01
Contact:
Media Relations
Ministry of Public Safety and Solicitor General
250 356-6961