GET THE EVIDENCE

The Ottawa Citizen It's impossible not to sympathize with residents
of Hintonburg who have had the misfortune of living near a certain
house on Spadina Avenue. Over the years police have responded to more
than 250 calls at the notorious address. Allegations of everything
from drug-dealing and prostitution to late night shouting have made
the house a blight.

This week the province stepped in and seized the property. The
community is overjoyed, as you'd expect. The quality of life in the
neighbourhood will likely increase.

Yet despite the happy outcome, the process by which it came about is
disturbing. Think about it: The Crown seized a property even though
no charges had been laid against anyone. This is a dramatic
exercising of state power.

The province invoked a law allowing it to seize property if the
property is associated with criminal activity. But again: Although
the home is an alleged crackhouse, no one has been charged with
buying or selling crack there. The testimony of neighbours suggests
that the place was causing lots of grief, but allowing the state
simply to grab it raises a host of scary implications.

The constitutionality of the legislation is currently before the
Supreme Court of Canada. The Supreme Court case involves a man from
whom police seized $29,000, on the assumption that it was drug money
- -- even though there wasn't enough evidence to charge him.

Police and governments need tools to fight crime and ensure the
personal security of citizens. But if the tools are at the same time
too blunt and too powerful, we're all in trouble.