Pubdate: Fri, 29 May 2009
Source: Province, The (CN BC)
Copyright: 2009 Canwest Publishing Inc.
Contact: http://www.canada.com/theprovince/letters.html
Website: http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Sam Cooper, The Province
Note: From MAP: The decision in R. v. Craig is "The appeal should be 
allowed and the forfeiture order set aside." 
http://csc.lexum.umontreal.ca/en/2009/2009scc23/2009scc23.html
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)

HIGH COURT TO RULE ON B.C. POT HOUSES

A North Vancouver woman who was booted from her home for running a
lucrative grow-op is to learn her fate this morning in a ruling from
the highest court in Canada.

Judy Ann Craig, a 58-year-old former realtor, appealed in November
2008 to the Supreme Court of Canada to halt the forfeiture of the
North Van house she used as a marijuana growing and selling business,
clearing "over $100,000 a year" according to the B.C. Court of Appeal.

The ruling, which will also address the forfeiture appeal of Surrey
home-grow operator Kien Tam Nguyen as well as a similar case in
Quebec, is expected to clarify conflicting lower court rulings on home
seizures across the nation.

Increasing numbers of homes have been seized since Parliament amended
the Controlled Drugs and Substances Act in 2002 to mandate seizure of
"offence-related property" because of society's "abhorrence" for
problems associated with the drug trade, the Crown says.

"It's fair to say there is national interest in the ruling," Crown
prosecutor Paul Riley said yesterday.

"There have been a lot of these house-forfeiture cases in Ontario and
some in Nova Scotia," in addition to the B.C. and Quebec cases.

Craig admitted to growing pot in her home in the 400-block Alder
Street, starting in 1998. After the RCMP staked it out and caught her
and several helpers dismantling grow-op evidence, they seized 186 pot
plants, valued at $90,000 according to Crown experts.

She pleaded guilty in 2003 and received a $115,000 fine in provincial
court. The judge ruled against forfeiture, but that ruling was amended
when Craig appealed to the B.C. Court of Appeal for a reduced fine.

Instead, the court ordered her to give up her house, valued at about
$500,000. 
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MAP posted-by: Richard Lake