B.C. may require defendants to prove that items seized by police were not instruments or proceeds of crime
Laura Kane, The Canadian PressVANCOUVER -- Eight years have passed since David Lloydsmith learned British Columbia's Civil Forfeiture Office wanted to seize his modest two-bedroom bungalow, but he says the panic and anger that gripped him that day have not gone away.
Under the changes, the onus would be shifted to a defendant to prove that an asset is not an instrument or proceed of unlawful activity, in cases where the Civil Forfeiture Office provides the court with "sufficient evidence" clearly linking the asset to crime. Vonn noted the standard of proof is already lower in a civil trial than a criminal one. In civil proceedings, one party's case must simply be more probable than the other's, while in criminal trials, guilt must be proven beyond a reasonable doubt.
Phil Tawtel, executive director of B.C.'s Civil Forfeiture Office, said the program focuses on "property, not people." The office has brought in $87 million since 2006, spending $37.5 million on crime prevention initiatives and $1.63 million on victim compensation. The remainder has been spent on legal counsel and office operations, Tawtel said.
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