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On 12/4/2003 at 12:06 AM Tim Meehan  wrote:

>Obviously, the citizens need to get active in fighting this government 
>tyranny or they will quickly find that they are in the same mess we are in
with no easy way to get out of it. So, my question is, does anyone know of
any 
>organization in Canada that is organized to fight forfeiture? If so, we
need to get together. 
> 
>If no such organization exists, would anyone be interested in starting
one?

Hi Leon:

I suspect that one of the reasons I have never heard of it is because asset
forfeiture in Canada is much harder. Also, proceeds do not go to local
police,
and furthermore, assets seized must be maintained in case the judge orders
them
returned.  An admission of this was a Peel Regional Police official (who,
incidently, I once debated) mentioned that a house has to have more than
$60,000
in equity before it can be seized (see below).  Outlaws can simply mortgage

their assets to get around this problem.

The federal law lacks teeth, and because of our strong and relatively new
constitution, and our different view of the roles of police up here, I
doubt it
can't really be strengthened to US levels at this point in time. However,
we are
getting a new government who wants to play nice with the US, so you never
know.

Provincially, the BC Government has been talking about it. Ontario even
implemented a scheme which has never been used (likely because it's
obviously
unconstitutional).

I'm going to forward this on to a list of Canadian activists and see what
they
think.  I'd love to help out, but I have so many things on my plate these
days,
it would likely be as a supporting role only.

Good luck, and I will pass the word.

-Tim

---

http://www.mapinc.org/drugnews/v02/n787/a04.html

[snip]

While restraining orders have been placed on several of the residences,
police
say none have been designated for forfeiture because it's extremely

difficult to
prove the owner of the home knew or had anything to do with the illegal
hydroponics operation. 

"We've found that 99 per cent of the people we've charged inside the homes
are
either tenants or sub-tenants of the tenants who is working for a guy who
knows
a guy who is in there watering the plants," said Detective Ian Calder of
Peel's
morality unit. 

Even if police charge the owner of an alleged residential growing
operation,
they say it's not financially worth their trouble to pursue seizure and
forfeiture proceedings unless the owner has a substantial finances invested
in
the property. 

Calder said homeowners need about $60,000 in equity to make forfeiture
worthwhile. 

"Once a property is seized, the seizing agency is then responsible for
heat,
hydro and property taxes," he explained. 
--
Tim Meehan, Communications Director
Ontario Consumers for Safe Access to Recreational Cannabis
tim@ocsarc.org * http://www.ocsarc.org * 416-844-2431



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