Pubdate: Wed, 12 Nov 2008 Source: Ottawa Citizen (CN ON) Copyright: 2008 The Ottawa Citizen Contact: http://www.canada.com/ottawacitizen/letters.html Website: http://www.canada.com/ottawacitizen/ Details: http://www.mapinc.org/media/326 Author: Janice Tibbetts, Canwest News Service Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) FORFEITURE OF GROW-OP HOMES LANDS ON SUPREME COURT'S DOCKET Conflicting Rulings Previously Issued By Lower Courts Judy Ann Craig, a former realtor with a golden touch for gardening, will try to convince the Supreme Court of Canada tomorrow that being forced to forfeit her North Vancouver home for running a marijuana grow-op is extreme punishment for her crime. Ms. Craig is one of three Canadians -- two from British Columbia and one from Quebec -- challenging the seizure of homes in which they grew marijuana, a penalty that has been toughened since federal drug laws were changed in 2002. The 58-year-old horticulturalist contends that running a small-scale operation, mainly in her basement, should not warrant the same harsh penalties imposed for large, sophisticated businesses controlled by organized crime. "Forfeiture of a residence of someone at retirement age with no record is severe and destroys hope of rehabilitation," Ms. Craig's lawyer, Howard Rubin, argues in a Supreme Court brief that describes her as "a minor cog in a broader sociological problem." Ms. Craig, who says she started growing marijuana at the urging of an HIV-infected friend a decade ago, pleaded guilty in 2003 after police seized 186 marijuana plants. She received a conditional sentence and a $115,000 fine, but, since she had no other assets and owed $250,000 in unpaid taxes from her ill-gotten earnings, the court ordered the forfeiture of her two-storey home, valued at $460,000 at the time of her 2005 sentencing. Mr. Rubin will argue that federal forfeiture laws for drug crimes should not apply to Ms. Craig, whom he described in court testimony as an "independent" entrepreneur. The B.C. Court of Appeal, in ruling against Ms. Craig, said she was the operator of "a successful commercial operation that grossed over $100,000 a year." Ms. Craig testified in court that she started growing marijuana in 1998 because she was depressed from a divorce several years earlier and "I needed a challenge to kickstart me out of this state." She said she used her earnings to beautify her clematis-enveloped garden, which was featured in Gardens West magazine in 2002. The Crown rejects Ms. Craig's assertion that forfeiture of her house is too harsh. "Although the substance was marijuana and not a more dangerous substance like cocaine or heroin, the (courts) in British Columbia have accepted that grow operations in residential neighbourhoods present significant dangers to the community," says a court brief from federal lawyers Francois Lacasse and Paul Riley. Ms. Craig ran a commercial operation employing "hired hands" and sold marijuana in ounce, half-pound and one-pound quantities, generating hundreds of thousands of dollars in illegal revenue over five years, the federal brief says. She also substantially altered her property for her illicit business. The Crown says Parliament amended the Controlled Drugs and Substances Act in 2002 to mandate seizure of "offence-related property" to reflect society's "abhorrence" for problems associated with the drug trade. The Supreme Court is expected to clarify the law for the lower courts, which have handed down conflicting rulings in part because of a caveat that gives judges leeway if they think forfeiture is disproportionate to the crime. The bench will also weigh in tomorrow in the appeal of Kien Tam Nguyen, ordered to forfeit his home in Surrey, B.C., after being found guilty of running a marijuana grow-op, and it will decide whether the Quebec Court of Appeal was right to order partial forfeiture of Yves Ouellette's home after he was convicted of growing marijuana. - --- MAP posted-by: Larry Seguin