The Rise Of Civil Forfeiture

Free money or unfair shakedown?

Britsh Columbia's Civil Forfeiture Act ("CFA") came into force on April 26, 2006. It was based on similar and earlier legislation in Ontario. To date, in excess of $43 million has been "recovered," going from $600,000 in 2006 to $9.5 million in 2013. The number of forfeiture claims has also expanded from 69 in 2008 to more than 460 in 2013. As of January 2014, there were 550 ongoing cases. An overwhelming number of forfeiture cases (99%) are "settled," most involving significant "recovery." A government news release tells us that the "civil forfeiture program is helping to make BC an even safer place to live." From the provincial government's perspective, it is a wildly successful program.

The CFA is not without its critics. About all that can be said presently is that it is here to stay so we better get used to it. In...

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