COURT OKAYS FORFEIT ACT

The Ontario Court of Appeal has upheld a law allowing the province to
seize alleged proceeds of crime from people who have never been
convicted or even charged with an offence.

Robin Chatterjee and his lawyers challenged the Civil Remedies for
Organized Crime and other Illicit Activities Act, passed in 2001,
which allows the Ontario government to ask a judge in civil court to
order forfeiture of property allegedly obtained through illegal activity.

Chatterjee was stopped by York Regional police March 27, 2003, when
they noticed his car's front licence plate was missing.

Found $29,020

During the stop, police ran Chatterjee's name and discovered he had a
record and a bail condition to reside in Ottawa. They arrested him
for the breach and searched his car, finding $29,020 that allegedly
smelled of marijuana as well as a light ballast, light socket and an
exhaust fan.

Chatterjee was never charged with marijuana-related counts, but the
authorities moved under the Act to seize the items.

Chatterjee's lawyer James F. Diamond argued that the law is beyond
the powers of the provincial government and is, in fact, under the
federal government's jurisdiction to create criminal law.

The appeal court didn't see it that way, saying any overlap was
incidental. "Nor do we see any merit to the appellant's submission
that the true purpose of the CRA is to punish offenders," reads the
appeal court's ruling.