Purser Law Blog

Can police seize my belongings after I've been charged with a criminal offence?

In Alberta, police officers can seize someone’s belongings if they believe that those belongings were: (1) obtained through crime; and/or (2) used as part of a crime. For example, police can seize an item that they believe was stolen, or a vehicle that was used while committing a crime, such as selling drugs. This is true even if you are never convicted of a crime in relation to these items. If you’ve been charged with a crime and police have taken your belongings, contact an Edmonton Criminal Lawyer to see if you can get them back.

 

Police can require that items taken from you be forfeited. In other words, police can ensure that the kinds of items outlined above are not returned to you. In Alberta, the forfeiture of items seized as a result or crime or as a tool in the commission of a crime is governed by the Civil Forfeiture Act, SA 2001, c C-15.2.

 

How does civil forfeiture work?

The process for civil forfeiture begins when the Minister makes an application to the Court, which describes the connection between the item they have seized and the alleged crime. Following this application, a Notice of Disposition is served on: (1) the person whose property was seized; (2) anyone else who says they have an interest in the property; (3) anyone who the Minister believes may have an interest in the property; and (4) any public body who currently possesses the property (i.e., the police). This Notice must: describe the property; explain why it is being subject to the forfeiture proceeding; state that the item seized may be affected by the proceedings; explain that the person receiving the Notice may oppose the Notice; and that the person who received the Notice is admitting the information contained in the Notice unless they file a Notice of Objection and are successful in that application.

 

Once the Notice of Disposition is given, the person who received that notice has 30 days to file a Notice of Objection, as described above. If they do not, the items will not be returned to them, and they will be forfeited. Once this Notice of Objection is filed, the government then has 45 days start a legal action or withdraw. By filing a Notice of Objection, the individual is able to have a hearing and argue that the item seized by police was not the result of a crime (i.e., it was not stolen) or not used in committing a crime (i.e., the car was not used to sell drugs). This would mean that the individual would have a legal reason to own the item, and it could be returned to them.

 

At this hearing, it is the responsibility of the government to prove on a balance of probabilities that the item seized is connected to a crime. This means that they must prove that it is more likely than not that the item is connected to crime.

 

After the hearing is over, it is up to the Judge to decide whether the item should be forfeited or returned to the person it was seized from. If the Judge orders that it should be forfeited, the item might be given to the government, returned to the victim (if their property was stolen, for example), or sold. In situations where the item is sold, the money from the sale foes into a fund that supports community programming, such as funding family violence shelters or gang-reductions programs.

 

What should I do if my property is seized?

If your property has been taken by police, an experienced Edmonton Criminal Lawyer can help you at the civil forfeiture hearing. Call Purser Law at 780-851-7435 for a free, consultation about how you can get your property returned to you.

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