Civil Forfeiture in Alberta

Governed by Alberta’s Victims Restitution and Compensation Payment Act, SA 2001, c V-3.5

Alberta (Minister of Justice) v Willis, 2015 ABQB 328 – Examination for Discovery Does Not Breach Charter Right to Silence

The Defendant, Krysta Elyse Willis, asserted an interest in a Jeep seized from her husband. Willis argued that her interest in the Jeep should be protected on the basis that she had not authorized or permitted her husband to use it for an illegal purpose. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice) v Paasche, 2013 ABCA 301 – Trial Judge Retains Sole Jurisdiction to Adjourn Forfeiture Hearing

The Defendants, Dustin Frederick Paasche and Justin Alciade Robert, were “arrested and charged with weapons and drug trafficking offences as well as with possession of stolen property.” In the course of the investigation, approximately $3,600 in cash was seized and subject to a restraint order under Alberta’s civil forfeiture legislation, the Victims Restitution and Compensation Payment Act. Criminal charges were laid against both Defendants. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice and Attorney General) v. Cardinal, 2013 ABQB 407 – Defendant Disbelieved, Despite Acquittal in Criminal Trial

The Defendant, Bruce James Cardinal, was arrested while in possession of $1,625 in cash along with thirteen dilaudid hydromorphone pills. Alberta’s Minister of Justice alleged that the money was proceeds of unlawful activity, and further that Cardinal’s 2005 Chrysler 300 was an instrument of unlawful activity within the meaning of the Victims Restitution and Compensation Payment Act. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice and Attorney General) v. Echert, 2013 ABQB 314 – Police Officer’s Opinion Evidence Insufficient to Justify Forfeiture

The Attorney General of Alberta supported its application for forfeiture of a BMW, a Hyundai, and $1,590 in Canadian cash with the affidavit of Constable Aaron Sauve. Cst. Sauve claimed (largely on the basis of hearsay evidence from other police officers) that the two Defendants had been observed from a distance engaging in suspicious behaviour which he described as “consistent with a drug transaction.” The two vehicles were later searched and a quantity of cocaine was discovered, along with $1,590 in cash. Although both Defendants had been criminally charged, the Attorney General provided no evidence on the results of the charges. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice) v. Wong, 2012 ABQB 498

In Alberta v. Wong, the Alberta Court of Queen’s Bench built upon its analysis in Petros and Squire as to the application of the Charter to civil forfeiture proceedings. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Minister of Justice and Attorney General) v. Squire, 2012 ABQB 194

The police pulled over the Defendant’s vehicle and came to the conclusion that his behavior was suspicious and that he might be in possession of illegal drugs. While he was in the back of a police car, they searched his vehicle and found a suitcase containing approximately $27,000 in cash. Continue reading

1 Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice and Attorney General) v. Lee, 2012 ABQB 136 – Forfeiture Hearing Adjourned Pending Criminal Trial

Alberta’s Minister of Justice applied for a restraint order in regard to two vehicles, a 2006 Infiniti FX and a 2005 Ford F-150, both owned by the Defendant, Samuel Chunghyun Lee, as well as $89,590 which had allegedly been seized from Mr. Lee. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Minister of Justice) v. Chau, 2011 ABCA 376

In Chau, the Court of Appeal upheld an Alberta Court of Queen’s Bench decision, refusing to grant forfeiture of a Defendant’s house (which had been deemed an instrument of crime), on the basis that she had demonstrated on the balance of probabilities that she did not have knowledge of the illegal marijuana grow operation that existed there. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice and Attorney General) v. Petros, 2011 ABQB 541

The Minister of Justice applied for forfeiture of the Defendant’s Volkswagon Jetta, alleging that it had been used as an instrument of illegal drug trafficking. Mr. Petros challenged the forfeiture on the grounds that his Charter rights had been infringed, and argued that the evidence against him should be excluded in the context of the civil forfeiture proceedings. Continue reading

1 Comment

Filed under Civil Forfeiture in Alberta

Alberta (Justice and Attorney General) v. Robblee, 2011 ABQB 516

The Defendant Ross George Hilton had lent his 2004 Jeep Grand Cherokee to the Defendant Spencer Alexander Roblee, who had been observed by police using the vehicle in a drug trafficking operation. Continue reading

Leave a Comment

Filed under Civil Forfeiture in Alberta