The Future of Civil Forfeiture Law in Canada may be Changing.
As you may have heard, a recent appeal to the Supreme Court of Canada has the potential to shape the future of civil forfeiture law in Canada. On April 17, 2023, the Hells Angels filed a leave application to the Supreme Court of Canada following a British Columbia Court of Appeal ruling which handed the provincial government three of the biker gang’s clubhouses.
Civil forfeiture in BC has been a hot topic for the past few years, and it recently came into the spotlight again following the BC Court of Appeal's ruling in favour of the provincial government in a dispute with the Hells Angels Motorcycle Club. The court ruled that three of the Hells Angels' clubhouses were instruments of unlawful activity and could be seized under BC's Civil Forfeiture Act.
The Hells Angels, not surprisingly, didn't take the ruling lightly. They have applied for leave to appeal to the Supreme Court of Canada, the highest court in the country, arguing that their rights under the Charter of Rights and Freedoms were violated.
At the heart of the Hells Angels' leave application is a constitutional question. They argue that the BC Civil Forfeiture Act infringes on their rights under Section 7 of the Charter, which protects the right to life, liberty, and security of the person, and Section 8, which protects against unreasonable search and seizure.
The case will test the boundaries of civil forfeiture law and could lead to significant changes in the way it is applied not only in BC, but across Canada. It raises serious questions about the balance between the need to deter crime and the need to protect individual rights.
The outcome of the Hells Angels' application could have profound implications for civil forfeiture law in BC. If the Supreme Court decides to hear the case and ultimately rules in favour of the Hells Angels, it could lead to significant changes in the Civil Forfeiture Act and how it is applied. Such a ruling could potentially limit the government's ability to seize property without a criminal conviction, or at least put more stringent requirements in place.
On the other hand, if the Supreme Court decides not to hear the case or hears it and upholds the Court of Appeal's decision, it will reinforce the government's power under the Civil Forfeiture Act and potentially encourage more aggressive use of civil forfeiture in the fight against crime.
Regardless of the outcome of the Hells Angels' application, it's clear that civil forfeiture law in BC is complex and evolving. If you're facing a civil forfeiture action, it's crucial to have a knowledgeable and experienced legal team on your side. At Reclaim Law, we have a deep understanding of civil forfeiture law and can help you navigate these complex waters. If you have questions about civil forfeiture or need legal advice, don't hesitate to contact us.