Opinion: B.C. has been criticized for seizing highly valuable assets for relatively insignificant offences.
“At this point, all the director has to do is show some evidence.”“This has been recognized as a low threshold,” Murray explained. “The onus is on the defendants to show that an is clearly not in the interests of justice … a stringent … will be rarely met. … Our Court of Appeal has held that relief from forfeiture in the interests of justice is an exceptional remedy only to be granted sparingly.”
They are often called public and private law, and this week the federal attorney-general was explaining the difference to Senators and why Ottawa did not go to court for an injunction to deal with the truckers’ crisis. B.C., for instance, has been criticized for seizing highly valuable assets for relatively insignificant offences.Article content
In that case, the appellate bench scolded the government for being abusive — seizing a 51-year-old’s $52,000 Dodge Ram over a tiny amount of marijuana. This is just double-jeopardy, a shakedown, a product of over-zealous, 1990s U.S.-law-and-order politics.Article content Individuals are forced to confront the power and unlimited resources of the state without the same protections accorded an accused — the right to remain silent, and the heavy burden of proof placed on the prosecutor, beyond a reasonable doubt.Article content
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