Unexplained Wealth Orders
British Columbia has recently introduced unexplained wealth orders (UWOs) in an effort to crack down on organized crime assets. However, it is a change that can have far reaching implications for property owners across the province.
UWOs are court orders requiring the owners of assets or property suspected to be obtained through unlawful means to explain the legitimate sources of their wealth. If they cannot provide a satisfactory explanation, authorities have the power to seize the assets. UWOs were introduced in the United Kingdom in 2018 and have proven effective, prompting other jurisdictions, including BC, to follow suit.
The introduction of UWOs represents a significant shift in the landscape of civil forfeiture in BC. Civil forfeiture allows the government to seize property believed to be connected to criminal activity, without a criminal conviction. This new tool makes it even easier for authorities to confiscate assets that cannot be legitimately accounted for.
The onus is now on the asset holder to prove that their wealth has been obtained legally, reversing the typical 'innocent until proven guilty' principle that governs our legal system.
If you are served with a UWO, it's essential to seek immediate legal advice. The burden of proof rests with you, the asset holder, to demonstrate that the property in question was obtained through legal means.
Looking Ahead
The introduction of UWOs in BC is a sign of the times. Governments worldwide are taking more decisive action to combat financial crime, and we can expect to see the use of UWOs increase in the future.
However, as with any powerful tool, there's a risk of misuse or overreach. It's crucial that the application of UWOs is carefully monitored to ensure they're used responsibly and that innocent property owners aren't unduly penalized.
At Reclaim Law, we're closely monitoring the use of UWOs in BC and will continue to advocate for the rights of our clients. If you're concerned about UWOs or have been served with one, don't hesitate to contact us for a consultation.
As always, we're here to provide the legal support you need in these complex and challenging times. Stay tuned for future updates on UWOs and other developments in civil forfeiture law.