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Attorney General

Provinces band together to strengthen civil forfeiture

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British Columbia News

Provinces band together to strengthen civil forfeiture

https://news.gov.bc.ca/00237

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News Release

Victoria
Friday, May 13, 2011 10:00 AM

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News Release

Victoria

Friday, May 13, 2011 10:00 AM

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B.C. is among seven provinces that have signed an agreement to share information on civil forfeiture cases, strengthening their ability to successfully pursue the proceeds and tools of unlawful activity.

Seven Canadian provinces with civil forfeiture legislation - British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick and Nova Scotia - are signatories. They will benefit from shared access to what each other may know about the cases they pursue.

While information-sharing between provinces is common in criminal matters, no formal agreement has existed for civil forfeiture programs, most of which have been operating for less than five years. The detailed agreement sets out the process for the provinces to share records as well as personal and other information that could assist in civil forfeiture cases. The agreement recognizes the need to respect each province's privacy obligations.

Details of civil property forfeiture laws vary from province to province, but generally, such legislation allows for civil court orders that can require proceeds from unlawful acts, property bought with those proceeds, and property used as instruments of unlawful activity to be forfeited to government.

Quotes:

Minister of Public Safety and Solicitor General Shirley Bond:

"B.C. helped pioneer civil forfeiture in Canada, and we look forward to working with other provinces to improve this important crime-fighting tool. Working together, we can better target the profit incentive behind crime and use those proceeds to make our communities safer."

"Building police intelligence is vital to combating gangs and organized crime and making our communities safer. Interprovincial collaboration and information-sharing is a natural progression as more and more provinces adopt civil forfeiture legislation."

"This formal agreement will ensure each province with a civil forfeiture program has the ability to share information much as they already do for criminal cases, while respecting their individual, legislative requirements, such as those related to freedom of information and protection of privacy."

Quick Facts:

* In 2006, B.C. became the second Canadian province with a civil forfeiture program targeting the tools and proceeds of unlawful activity.

* Of nearly 250 cases completed to date, B.C.'s civil forfeiture program has yet to lose one. Its success continues to grow, with almost $17 million in proceeds forfeited to the Province to date.

* Since Jan. 1, 2011, police have referred 64 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.

* Earlier this week, the Province introduced Bill 6 - The Civil Forfeiture Amendment Act, which would make B.C. 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. Details are at: http://www2.news.gov.bc.ca/news_releases_2009-2013/2011PSSG0057-000486.htm

* Premier Christy Clark is committed to further expanding the successful Civil Forfeiture Office; 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.

Learn More:

* Details of B.C.'s Civil Forfeiture Amendment Act (Bill 6), introduced May 4, 2011 are at: http://www2.news.gov.bc.ca/news_releases_2009-2013/2011PSSG0057-000486.htm

* View B.C.'s current Civil Forfeiture Act: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_05029_01

* 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

Contact:

Government Communications and Public Engagement

Ministry of Public Safety and Solicitor General

250 356-6961

Connect with the Province of B.C. at: www.gov.bc.ca/connect

https://news.gov.bc.ca/00237

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