Pubdate: Thu, 21 Jan 2010
Source: Calgary Herald (CN AB)
Copyright: 2010 Canwest Publishing Inc.
Contact: http://www2.canada.com/calgaryherald/letters.html
Website: http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: Jason Van Rassel, Calgary Herald
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

NEW DEMOCRATS OPPOSE PROPERTY SEIZURE LAW

The leader of Alberta's New Democrats is calling on the provincial
government to repeal legislation giving authorities the power to use
civil courts to seize property allegedly connected to crime.

Using the case of a 74-year-old Calgary great-grandmother whose
condominium is the subject of a restraining order as an example, New
Democrat Leader Brian Mason said Alberta's civil forfeiture
legislation strips away the presumption of innocence all citizens are
entitled to.

"This type of legislation is repugnant and I think this legislation
needs to be repealed," he said Wednesday.

Mason's comments come after lawyers representing Patricia Thomson
appeared in a Calgary courtroom this week seeking to quash the
restraining order against her 1,200-square-foot condo and prevent it
from ultimately being forfeited to the Crown.

Thomson's lawyers, who are also mounting a constitutional challenge of
the legislation, backed Mason's call for a moratorium and review.

"It would allow for all Albertans to be told what we told the court:
that we consider this to be a fundamental change to Albertans'
property rights," said Michael Bates, who is representing Thomson with
Karen Molle.

The provincial justice department obtained a restraining order against
Thomson's condo in July, after charging three people -- including one
of her sons -- in connection with an online fraud.

The suspects allegedly collected $400,000 in deposits for non-existent
vehicles from customers, and listed Thomson's address on corporate
registry and banking documents.

Authorities obtained the restraining order on the basis the condo was
"an instrument of crime" used to help carry out the fraud, but
Thomson's lawyers contend no criminal activity happened there and she
didn't even know the suspects had used her address. 
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MAP posted-by: Jo-D