FORFEITURE LAW TO CLEAN UP CRIME

Instead of a safer communities and neighbourhoods law that would allow
the closure of flop houses or drug joints, Maple Ridge and Pitt
Meadows will have to rely on the more-involved process of civil
forfeiture if they want to clean up neighbourhoods.

Solicitor General Kash Heed rejected SCAN legislation when he wrote to
Maple Ridge council in January. Taking his hint from the minister,
Maple Ridge-Mission MLA Marc Dalton brought over Civil Forfeiture
Office staff last week to explain how the current law works.

SCAN legislation, in place in the three prairie provinces, allows
neighbours or groups concerned about problem premises to complain and
have the provincial government close down a building.

Civil forfeiture, under the act passed in 2006, allows police or other
enforcement agencies to apply to the B.C. Supreme Court for seizure of
property acquired through criminal activity.

"It's just a little quicker. It doesn't jam up the courts. It's a
least something we can do," Dalton said.

"We'll see how it works. It's been quite successful."

Pitt Meadows Mayor Don MacLean said many at the meeting didn't know
the legislation was available.

A few years ago, the forfeiture office was just breaking even when its
expense were weighed against the money it was making from seizures, he
said.

But in three years, the office has plowed more than a million dollars
back into crime prevention programs.

Only strong cases will be referred under the program, MacLean
said.

"I think what really has to happen is landlords really cannot trust
every tenant they take."

Police are also more aware of the legislation, said Ridge Meadows RCMP
Supt. Dave Walsh.

But it's not likely to change how they approach their
job.

So far, local police here have referred only one case to the office,
that involving a home invasion and $94,000 in cash found in a house.
Police didn't have enough evidence to lay criminal charges, so instead
referred to the Civil Forfeiture Office in Victoria. A decision on
that case is still pending.

In civil court, it only has to be proven in the balance of
probabilities that property was achieved by criminal activity, rather
than guilt beyond reasonable doubt, as required in the criminal system.

"If we had not civil forfeiture, we probably would have had to return
$94,000 to a drug dealer."

But police don't need a criminal conviction to refer a case to the
Civil Forfeiture Office, Walsh said.

Walsh said police can refer a file regardless of whether a conviction
has been reached. It's just a matter of passing the investigation on
to the forfeiture office.

"The whole civil process starts when the criminal case is
concluded."

In order to make seizing property worthwhile, the culprits need to
have some equity in their property, probably at least $100,000, Walsh
said.

And ideally there should be single ownership and a grow-op house or
drug joints should be occupied by the owners.

Rental homes, though, aren't immune.

"Just because it's rented, doesn't mean they won't go after
it."

Landlords could lose their revenue properties if the office can prove
that a landlord knew about criminal activity on the property, or
should have known. Give away hints include furnitureless premises or
tenants who pay their rent a year in advance, in cash.

"There has to be a direct correlation to criminality - but the burden
of proof is significantly less," Walsh said.

The act applies to any property acquired through crime, even boats and
planes.

Maple Ridge Mayor Ernie Daykin said the office won't be used to seize
property of bylaw violators. It has to be related to criminal
activity. Daykin, though, pointed out none of the proceeds from the
seizures will come back to the municipality.

"If you've got a party house that's noisy, that's not going to
fly.

"It's one more tool to put some pressure on the bad
guys."

In a January letter to Maple Ridge council, Heed gave no indication
that SCAN legislation was being considered.

"There are existing initiatives and programs that target drug
houses.

"The Civil Forfeiture Act [2005] gives government the ability to
target the financial base of criminal activity."

Council voted to send another letter to Heed asking for specifics on
how the province will help municipalities deal with problem
properties.