Under the new legislation, government sought and was granted a preservation order against the property in civil court. The order means the building and its contents are legally frozen and can’t be used, mortgaged or sold.
As this matter has just been initiated and is before the courts, no further comment will be made at this point.
Under the act, where it is proven in civil court that property has been acquired as a result of unlawful activity, or been used for unlawful activity, the Supreme Court can order forfeiture of the property. This enables proceeds from the sale of any forfeited asset to be paid into a special account to:
· compensate eligible victims of unlawful activity
· prevent unlawful activities by funding crime prevention activities
· counteract the effects of unlawful activities
· cover costs related to the administration of the act
There are currently more than 60 additional cases being actively pursued, on behalf of British Columbians, by government’s civil forfeiture office. To date, over $2 million in cash and assets obtained through illegal activities have been turned over to taxpayers over the past 17 months.
The act came into force in May 2006 with the purpose of suppressing conditions that lead to illegal acts, including the profit motive.
Comment: It looks like the 'good guys' are now stealing from the 'bad guys' and the 'bad guys' don't like it much. There seems a very thin line as to whether this law is a righteous one.
If it can be proven the property was acquired as a result of illegal activity or is being used for illegal activity.......why can't it be proven in criminal court?
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