Pubdate: Fri, 16 Jan 2015
Source: Globe and Mail (Canada)
Page: A1
Copyright: 2015 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Sunny Dhillon

CIVIL FORFEITURE OFFICE CRITICIZED FOR CATCH-22 CASE

Josef Schwarz was in a Catch-22. The tenant living in his rental
property was accused of being involved in drug activity, but
provincial law stipulated he could not evict her unless she was
convicted of a crime.

B.C.'s Civil Forfeiture Office, which seizes property connected with
unlawful activity, went after the $300,000 house, claiming the woman's
continued presence there would lead to more crime.

Mr. Schwarz's 16-month fight to keep the home ended this week, when
the office abandoned the attempt without explanation. The case -
described by a civil liberties expert as outrageous - was another
black mark for the agency, which has been criticized for the
aggressiveness of its operations. Some have called it a cash cow.

B.C.'s Civil Forfeiture Office has seized $6-million more in property
than a similar agency in Ontario that was opened three years earlier.
The B.C. office does not need criminal charges or a conviction to
pursue a case. Over the past year, The Globe and Mail has reported the
stories of people who have had to fight to keep homes, vehicles, cash
and even a coin collection because of connections - some of them
indirect - to crimes or allegations of crime. Mr. Schwarz, a lawyer,
bought the property in May, 2012. His tenant moved in that September.

The RCMP raided it in January, 2013, according to a notice of civil
claim the forfeiture office filed in B.C. Supreme Court. Police
searched it again in February and April of that year. The documents
say officers found drugs each time, although amounts are listed only
for the third raid - about 11 grams of marijuana, and 0.1 grams of
crack cocaine. Police also found a digital scale and empty plastic
baggies, the documents say. The court documents did not indicate why
the tenant was not charged.

The office filed the bid to seize the house in October, 2013, saying
Mr. Schwarz showed complete disregard for "drug activity and nuisance
problems" there. It said the property was likely to be used for
further unlawful acts and should be forfeited.

Mr. Schwarz said in court documents that the Residential Tenancy
Branch advised him he could not evict his tenant, since no conviction
was associated with the property and there was no damage, or negative
impact on other tenants.

He said he encouraged the RCMP to pursue criminal charges, and in
April, 2013, met with his tenant, who assured him there would be no
further problems. The third raid happened four days later.

In the meantime, the civil forfeiture office has come under intense
scrutiny.

A B.C. Supreme Court judge this week approved an application from the
office to dismiss the proceedings against Mr. Schwarz. No reason was
provided.

Mr. Schwarz, in a brief interview, expressed relief the proceedings
were over, but also frustration.

"I'm done with it; it's been 16 months," he said.

Neither party was awarded costs. When asked about his legal fees, Mr.
Schwarz would only say, "I had to retain counsel, let's put it that
way. There's a cost to that."

Jay Solomon, Mr. Schwarz's lawyer, said the Civil Forfeiture Office
made a pragmatic decision to drop the case. He said he had recently
had discussions with the lawyer for the agency, but would not go into
detail.

"I think they've heard the criticism. I think they've listened and
they're taking a bit of a different approach to these cases," he said
in an interview.

A B.C. Ministry of Justice spokesperson, in an e-mail, said the case
was settled with the consent of all parties.

The forfeiture office has seized about $52-million in property since
it opened in 2006. The Ontario office has seized $45.6-million in
property since 2003.

Micheal Vonn, policy director with the B.C. Civil Liberties
Association, called the case outrageous.

"What exactly is the landlord supposed to do?" she asked. 
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MAP posted-by: Jo-D