Pubdate: Thu, 31 May 2007
Source: Ottawa Sun (CN ON)
Copyright: 2007 Canoe Limited Partnership
Contact:  http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Sean Mckibbon, Courts Bureau
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

COURT OKAYS FORFEIT ACT

The Ontario Court of Appeal has upheld a law allowing the province to 
seize alleged proceeds of crime from people who have never been 
convicted or even charged with an offence.

Robin Chatterjee and his lawyers challenged the Civil Remedies for 
Organized Crime and other Illicit Activities Act, passed in 2001, 
which allows the Ontario government to ask a judge in civil court to 
order forfeiture of property allegedly obtained through illegal activity.

Chatterjee was stopped by York Regional police March 27, 2003, when 
they noticed his car's front licence plate was missing.

Found $29,020

During the stop, police ran Chatterjee's name and discovered he had a 
record and a bail condition to reside in Ottawa. They arrested him 
for the breach and searched his car, finding $29,020 that allegedly 
smelled of marijuana as well as a light ballast, light socket and an 
exhaust fan.

Chatterjee was never charged with marijuana-related counts, but the 
authorities moved under the Act to seize the items.

Chatterjee's lawyer James F. Diamond argued that the law is beyond 
the powers of the provincial government and is, in fact, under the 
federal government's jurisdiction to create criminal law.

The appeal court didn't see it that way, saying any overlap was 
incidental. "Nor do we see any merit to the appellant's submission 
that the true purpose of the CRA is to punish offenders," reads the 
appeal court's ruling.
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MAP posted-by: Beth Wehrman