Pubdate: Fri, 15 Aug 2008
Source: National Post (Canada)
Copyright: 2008 Canwest Publishing Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Chad Skelton,  Canwest News Service
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

B. C. POT GROWER TO LOSE $600K HOME

Court Order; Grower Punished For Owning House: Lawyer

VANCOUVER - A B. C. judge has ordered a 59-year-old marijuana grower
to turn over his mortgage-free $600,000 home to the government.

"The value of the equity in this property would appear to be higher
than that in any other reported cases," Provincial Court Judge Carol
Baird Ellan wrote in a ruling ordering Roy Sundstrom to turn over his
Roberts Creek, B. C., acreage to the government.

More than 30 B. C. marijuana growers have had their homes forfeited in
recent years under laws that allow the government to seize
crime-related property.

However, many of the seized homes were heavily mortgaged, meaning the
financial hit to the offender was far more modest.

Sundstrom's lawyer, Jay Solomon, said his client -- who has no prior
criminal record -- is being punished for owning his house outright.

"There's an unfairness if one person is being penalized essentially
$100,000 versus $600,000," Mr. Solomon said.

"He suffered a more serious penalty because he bought the property 20
years ago when property on the Sunshine Coast was cheap."

Roberts Creek is located 60 kilometres northwest of
Vancouver.

Robert Prior, chief federal prosecutor for B. C., said Sundstrom has
only himself to blame.

"Certainly the more money someone has wrapped up in a property, the
greater they might feel the loss," said Mr. Prior.

"Whether it's fair or not, that individual knew what risk they were
taking."

Mr. Prior added the decision illustrates that growing marijuana in B.
C. is a high-risk gamble.

"It's a pretty strong message ... from the courts that people could
face some pretty significant consequences if convicted," he said.

Sundstrom pleaded guilty to production of marijuana and possession for
the purposes of trafficking after police raided his home in December,
2006.

He argued in court that he didn't know he risked losing his home and
that he should receive a $75,000 fine or only lose a portion of his
equity.

In a decision last year, Quebec's Court of Appeal ruled that a
marijuana grower in that province should only lose half the value of
his house.

Ms. Baird Ellan wrote that she was sympathetic to the idea, but noted
that judgments by B. C.'s Court of Appeal make it clear that
forfeiture in this province is an all-or-nothing decision.

Mr. Solomon said Sundstrom plans to appeal the ruling.

The larger question of whether courts can order partial forfeiture of
a criminal's property will go before the Supreme Court of Canada on
Nov. 13, when it hears an appeal of the Quebec case along with two B.
C. growers who lost their homes.
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MAP posted-by: Larry Seguin