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. - --- MAP posted-by: Keith Brilhart