Pubdate: Fri, 12 Feb 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

PROVINCE TO MAINTAIN PROPERTY SEIZURE LAW

Alberta Justice is standing behind legislation that allows 
authorities to seize property connected to crime, despite a recent 
judge's ruling that returned a senior's condominium to her.

Last Friday, Queen's Bench Justice Alan Macleod quashed a restraining 
order against a Calgary condo owned by Patricia Thomson.

"At this point, it's business as usual," Alberta Justice spokeswoman 
Kim Misik said.

"We'll be reviewing the ruling and see how it applies to our law."

The Victims Restitution and Compensation Payment Act allows the Crown 
to use civil court proceedings to seize properties allegedly used to 
commit crime or bought with criminal earnings.

A restraining order prevents someone from selling or altering their 
property before the court makes a decision on whether it will be 
permanently forfeited to the Crown.

Authorities went after Thomson's property because they believed it 
was used in a fraud scheme that allegedly involved one of her sons.

The fraud suspects listed Thomson's address on banking and corporate 
registry documents, but Macleod found no evidence the property itself 
was used in any crime.

Macleod ruled using Thomson's address information -- as opposed to 
the actual property -- fell outside what the act defines as an 
instrument of crime that would be subject to restraint.

Macleod didn't strike down any part of the legislation -- but he 
expressed concerns about some of its sweeping powers, saying it 
allows the Crown to go on a "fishing expedition" for evidence.
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MAP posted-by: Keith Brilhart