HTTP/1.0 200 OK Content-Type: text/html Convicted In Pot Case, Man Loses His Home To Crown 
Pubdate: Wed, 24 Aug 2005
Source: Globe and Mail (Canada)
Copyright: 2005, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Petti Fong
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

CONVICTED IN POT CASE, MAN LOSES HIS HOME TO CROWN

VANCOUVER -- A homeowner who pleaded guilty to growing marijuana in his 
house has become the first person in British Columbia to see his home 
forcibly taken by the federal government.

Van My Luu, of Langley, was arrested in 2003 at his home on 268th Street 
after a police investigation.

Mr. Luu was the legal owner of the home and controlled the grow operation, 
police said.

He pleaded guilty to the production offences but challenged having to 
forfeit his home.

Mr. Luu's lawyer, Jay Solomon, argued in Surrey Provincial Court that 
seizure of the house was an inordinate sanction relative to the offence.

Mr. Luu was given a one-year sentence.

But Shannon Gerrie, lawyer for the Department of Justice, argued that Mr. 
Luu had a sophisticated operation in his house and was actively involved in 
the production of marijuana.

Judge Dennis Devitt ordered the house handed over to the Crown. Under the 
guidelines, the property will be disposed of by the Minister of Public Works.

"We're hoping this will be a deterrent for homeowners who let grow 
operations take place in their homes and hope they will think twice before 
setting up these operations," Corporal Diane Blain of the Langley RCMP said 
of the seizure of Luu's home.

This is the first time in British Columbia that the courts have forcibly 
taken property from someone who was convicted of a criminal act.

Two years ago, the Crown seized a home used as a grow operation. There have 
since been a number of other forfeitures, but Cpl. Blain said all the other 
homeowners consented to the proceedings.

Mr. Luu's house will now be sold, and, after the home's mortgage is paid 
off, the remaining money will be directed to the federal government.
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