APPEAL COURT UPHOLDS SEIZURE OF CRIME GOODS

Ontario's highest court has upheld the Civil Remedies Act, a
six-year-old law that allows the province to seize property shown to
have been used for or obtained through crime.

The Court of Appeal yesterday dismissed an appeal of a civil
forfeiture under the Remedies for Organized Crime and Other Unlawful
Activities Act, 2001 (Civil Remedies Act).

In 2003, Robin Chatterjee of Thornhill was pulled over just north of
Toronto for driving without a licence plate. Police found $29,020 in
cash, a light ballast, a light socket and an exhaust fan in his car.

Those are items commonly used in marijuana grow operations.

Although Chatterjee was not charged with a drug offence, a civil
court judge last year ordered him to forfeit the cash under the
Civil Remedies Act.

Chatterjee appealed the decision.

A $100,000 class-action lawsuit was also launched against the
province arguing the law is unconstitutional.

In March last year, Hamilton police and Ontario's attorney general
used the act to seize the downtown Sandbar building on King Street
East, the city's most notorious crack house, and other property
controlled by Michael Ricca.

In its decision, the appeal court said the law could not be
classified as criminal law, and that it did not contravene Canada's
Charter of Rights and Freedoms.