|
* 18 Apr 2009 Court rules provinces can seize crime bounty under "Civil Remedies Act" Provincial governments were spared the prospect of returning millions of dollars in seized property when the Supreme Court of Canada ruled Friday that the Crown has the power to confiscate the proceeds of crime. The unanimous decision preserves provincial laws adopted across Canada in recent years permitting governments to attempt to take the profit out of crime and to compensate victims by ordering the forfeiture of ill-gotten goods. The ruling rejected an Ontario man’s argument that the province’s Civil Remedies Act is unconstitutional because it treads on federal jurisdiction over criminal law. “Each level of government bears a portion of the costs of criminality and each level of government, therefore, has an interest in its suppression,” Justice Ian Binnie wrote in the 7-0 decision. Robin Chatterjee, a former student at Carleton University, was en route
to his home in Thornhill, Ont., in March 2003 when police pulled him over
because his car was missing a front licence plate. Police did not charge the young man because they said they did not have enough evidence. Ontario’s Civil Remedies Act, however, does not require a criminal conviction, so the province moved in and seized the goods after receiving judicial approval. A judge can give permission based on a balance of probabilities that the goods were proceeds of crime, a standard that is not as high as the criminal test of proof beyond a reasonable doubt. Chatterjee’s lawyer, James Diamond, predicted a spike in forfeitures following the Supreme Court’s endorsement. Also, provinces that have put their efforts on hold pending the ruling can now proceed, he said. “I certainly expect that all the provinces will step up their efforts,” said Diamond. |