Most people assume that the government will only seize property after a criminal conviction, but in British Columbia, there are two systems that operate under different rules: criminal forfeiture and civil forfeiture. 

There is an important distinction between these systems. Even without charges or when charges are dropped, your assets could be seized. Working with a civil forfeiture lawyer can help protect your rights and provide Surrey legal advice to those in the Lower Mainland. 

Criminal Forfeiture: The Post-Conviction Process

Criminal forfeiture is tied to the outcome of a criminal case. It usually follows a conviction and is part of sentencing under the Criminal Code. 

There is generally a finding of guilt. The Crown must prove the property is a proceeds of crime beyond a reasonable doubt. The forfeiture order is then made after conviction as part of the penalty. 

This process has a narrow scope because it requires a successful prosecution.

Civil Forfeiture: Action Against the Property

The civil forfeiture process is regulated under BC’s Civil Forfeiture Act. The government is not targeting a person; instead, it takes legal action against the property itself. 

Property may be seized even if no criminal charges are laid or if charges are dropped. The government only needs to prove its case on a balance of probabilities standard (interpreted as a 51% standard). Assets connected to any alleged unlawful activity may be targeted, including cash, real estate, vehicles, and electronics.

Due to this lower threshold, individuals often need strong civil forfeiture defence strategies to protect their rights and pursue asset recovery in BC.

Critical Differences for Property Owners

Property owners must understand the differences between the two systems:

  • Standard of proof: Criminal cases require proof beyond a reasonable doubt; civil forfeiture cases rely on a lower threshold. 
  • Innocent owner defence: Owners may have to prove they didn’t know, and couldn’t reasonably have known, that their property was being used unlawfully. 
  • Parallel proceedings: Even if acquitted in a criminal case, a civil forfeiture claim may still proceed. 
  • Parties involved: Criminal forfeitures are part of criminal sentencing. The Director of Civil Forfeiture brings civil cases. 

The differences mean that success in criminal forfeiture BC matters doesn’t automatically resolve any civil claims. 

FAQs

Can the government take my car if the charges against me were dropped? 

Yes, civil forfeiture is a separate legal process. The government may still pursue an asset without a criminal prosecution. 

What is the difference between an “Instrument” and a “Proceed” of crime? 

An instrument is the property used to commit an offence. Proceeds are the profits or benefits gained from the offence.

Is there a deadline to dispute a civil seizure?

Yes, you usually have 30 days from the date you are served to file a Notice of Dispute. Missing deadlines can result in the property being forfeited without a hearing.

Do I have the right to a court-appointed lawyer in civil forfeiture? 

No, there is no automatic right to state-funded counsel, which is why you should hire a civil forfeiture lawyer. 

What is “Constitutional Hardship”? 

Constitutional hardship refers to situations where forfeiture is considered disproportionately harsh. A court could potentially order the return of property. 

Fight Civil Forfeiture With Help From Basra Law

The government’s power to seize property in BC is broad, while the civil standard of proof is low. You need to act quickly and get legal guidance to protect your rights. 

If you or your property are being targeted, call Basra Law at 604-560-0016 or schedule a consultation to begin building your civil forfeiture defence today.