British Columbia (Director of Civil Forfeiture) v. Forsberg, 2014 BCSC 144

The New Westminster Police Department referred this file the the Civil Forfeiture Office after discovering approximately 156 marijuana plants in a New Westminster condominium unit belonging to Kimberley May Forsberg.

Forsberg defended the action and opposed the Director’s application for an Interim Preservation Order on the grounds that she had permission from Health Canada to conduct “research and development” at the premises.

At the Interim Preservation Order stage, Justice Duncan found that there was a serious issue to be tried and that the Order requested by the Director would not be contrary to the interests of justice:

“18 In the matter before me, I find the affidavits of Detective Robson raise a serious question to be tried with respect to whether the marijuana grow operation in the Unit renders the Unit an instrument of unlawful activity as that term is defined in the Act and the jurisprudence. Ms. Forsberg has not persuaded me the order sought is clearly not in the interests of justice. She admits to growing marijuana in the Unit but maintains she has some form of authority or permission to do so. Whether or not she can establish that will be determined at the trial of this matter. I am satisfied that an interim preservation order is appropriate in this case.”

Kimberley May Forsberg was permitted to reside in the residence pending the resolution of the civil forfeiture action, and to make renovations and repairs to the property with permission from the Director.

Decided by the BC Supreme Court on January 22, 2014.
Click here for the full text of the decision.

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