Rights advocates criticize B.C. plans to expand controversial civil forfeiture program GlobeBC
The B.C. Supreme Court and Court of Appeal eventually ruled David Lloydsmith's rights were violated, but he says the emotional scars remain.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.
Calling it the “most significant revision” of the Civil Forfeiture Act since its introduction in 2006, Public Safety Minister Mike Farnworth announced three proposed changes, which he said were aimed at organized crime and fentanyl trafficking. The Civil Forfeiture Office files lawsuits to seize assets believed to be the proceeds or instruments of illegal activity, regardless of whether the asset owner has been charged or convicted, and even if they’ve been acquitted, of a 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.
She said the civil liberties association would consider challenging the amendments if passed, adding she’s baffled by Farnworth’s comments that the government consulted with experts and believes the amendments are constitutional.
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