News (Media Awareness Project) - CN AB: Province To Maintain Property Seizure Law |
Title: | CN AB: Province To Maintain Property Seizure Law |
Published On: | 2010-02-12 |
Source: | Calgary Herald (CN AB) |
Fetched On: | 2010-04-02 12:47:18 |
PROVINCE TO MAINTAIN PROPERTY SEIZURE LAW
Alberta Justice is standing behind legislation that allows
authorities to seize property connected to crime, despite a recent
judge's ruling that returned a senior's condominium to her.
Last Friday, Queen's Bench Justice Alan Macleod quashed a restraining
order against a Calgary condo owned by Patricia Thomson.
"At this point, it's business as usual," Alberta Justice spokeswoman
Kim Misik said.
"We'll be reviewing the ruling and see how it applies to our law."
The Victims Restitution and Compensation Payment Act allows the Crown
to use civil court proceedings to seize properties allegedly used to
commit crime or bought with criminal earnings.
A restraining order prevents someone from selling or altering their
property before the court makes a decision on whether it will be
permanently forfeited to the Crown.
Authorities went after Thomson's property because they believed it
was used in a fraud scheme that allegedly involved one of her sons.
The fraud suspects listed Thomson's address on banking and corporate
registry documents, but Macleod found no evidence the property itself
was used in any crime.
Macleod ruled using Thomson's address information -- as opposed to
the actual property -- fell outside what the act defines as an
instrument of crime that would be subject to restraint.
Macleod didn't strike down any part of the legislation -- but he
expressed concerns about some of its sweeping powers, saying it
allows the Crown to go on a "fishing expedition" for evidence.
Alberta Justice is standing behind legislation that allows
authorities to seize property connected to crime, despite a recent
judge's ruling that returned a senior's condominium to her.
Last Friday, Queen's Bench Justice Alan Macleod quashed a restraining
order against a Calgary condo owned by Patricia Thomson.
"At this point, it's business as usual," Alberta Justice spokeswoman
Kim Misik said.
"We'll be reviewing the ruling and see how it applies to our law."
The Victims Restitution and Compensation Payment Act allows the Crown
to use civil court proceedings to seize properties allegedly used to
commit crime or bought with criminal earnings.
A restraining order prevents someone from selling or altering their
property before the court makes a decision on whether it will be
permanently forfeited to the Crown.
Authorities went after Thomson's property because they believed it
was used in a fraud scheme that allegedly involved one of her sons.
The fraud suspects listed Thomson's address on banking and corporate
registry documents, but Macleod found no evidence the property itself
was used in any crime.
Macleod ruled using Thomson's address information -- as opposed to
the actual property -- fell outside what the act defines as an
instrument of crime that would be subject to restraint.
Macleod didn't strike down any part of the legislation -- but he
expressed concerns about some of its sweeping powers, saying it
allows the Crown to go on a "fishing expedition" for evidence.
Member Comments |
No member comments available...