SEIZING A HOME HERE?

While pursuing proceeds of crime cases is outside the mandate of the
Abbotsford Police, use of another piece of legislation could soon result in
a convicted marijuana grower losing an Abbotsford home used for the
cultivation.

A judge has been hearing arguments for and against seizing an Abbotsford
grow house, with the case set to resume next week. If Crown counsel is
successful, it will be the first time a judge has ordered a convicted grower
to turn over his Abbotsford house. Two other houses are in the initial
processing stage, said Abbotsford Police Sgt. Jules Tessarolo.

Under the Controlled Drugs and Substances Act, "offence-related property"
can be ordered seized by the courts and turned over Crown counsel and sold.

Although local police are regularly busting several grow operations per
week, few buildings that house grow operations meet Department of Justice
guidelines for taking the homes from convicted growers.

The homeowner must be charged and convicted in connection to the grow
operation and the house must pass the "proportionality test." That means
authorities must be able to say the main purpose of the house was for a grow
operation because a certain percentage of the square footage was filled with
pot plants and equipment.

Finally, "there has to be significant equity in the house for us to go after
it or it costs taxpayers money," Tessarolo said. If the house meets the
criteria, a court hearing is held after the accused is convicted.

A judge then decides if the house should be forfeited to Crown counsel.

RCMP seized property management division is usually responsible for ensuring
the house is repaired before it is re-sold.

Other offence-related property that could be seized include farm implements
and generators used to power a grow operation.

The proceeds of crime legislation, which garnered headlines this week after
comments from MP Randy White, is not within the mandate of the Abbotsford
Police, whose drug officers focus on street level crime, local police say.

Instead, an RCMP section is responsible for pursuing proceeds of crime
cases.

Proceeds of crime - items purchased with money earned through criminal
activity - can be seized after a court hearing similar to the one used with
offence-related property.

Proceeds from re-sale go to the federal government, but are split with the
provincial government if a municipal police department was involved with he
case, said Insp. George Pemberton of Integrated Proceeds of Crime unit.

Pemberton was unable to say if they have successfully dealt with an
Abbotsford-related case.