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Marijuana Grower To Forfeit His House
Pubdate: Wed, 02 Aug 2006
Source: Kamloops Daily News (CN BC)
Copyright: 2006 Kamloops Daily News
Contact: http://www.kamloopsnews.ca/
Details: http://www.mapinc.org/media/679
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
MARIJUANA GROWER TO FORFEIT HIS HOUSE
A convicted dope grower lost his house and eight months of freedom
Tuesday in a sentence the man's defence lawyer promises to appeal.
David Ford, a Seymour Arm man, was found guilty in March of possession
of marijuana for the purpose of trafficking and unlawful storage of a
firearm.
He was one of several people charged after RCMP raided the remote
Shuswap Lake community in October 2004 and executed search warrants at
more than 17 properties.
Ford was convicted after B.C. Supreme Court Justice Richard Blair
ruled in February the RCMP raids were legally carried out and the
marijuana and growing equipment seized was admissible as evidence.
At the start of Ford's sentence hearing last month, the federal Crown
applied to have the man's house and 4.78 acres of land forfeited to
the government, calling it "offence-related property."
The application was made using a 2003 addition to Canada's Controlled
Drugs and Substances Act. The section allows prosecutors to seek
forfeiture of property in instances where a person is convicted of an
offence and the court is satisfied the property was used in the
commission of the offence.
Justice Blair said police found marijuana growing in roughly 70 per
cent of the man's home, including an outbuilding on the property. As
well, an electrical generator used to power the sophisticated grow was
located in a different outbuilding.
The judge said the property's size aided the criminal endeavour by
providing a layer of concealment.
As a result, land must also be considered offence-related property and
subject to forfeiture.
The house and land was purchased by Ford and another man for about
$90,000. It was recently appraised at $147,000. It's estimated Ford's
interest in the property equals about $40,000.
Ford was a one-half owner of the property, the judge deemed. Ford's
partner loaned him $18,000 to help purchase the property, believing it
to be a good investment. As well, the Toronto Dominion Bank provided a
mortgage of about $70,000.
Justice Blair said the bank and Ford's business partner will not lose
their financial interests in the house. It's expected the federal
Crown will seek to have the property sold.
Defence lawyer Peter Jensen asked the court to impose a conditional
sentence on Ford instead of jail, noting the man does not have a
criminal record.
Jensen said he will appeal the jail sentence, the forfeiture order and
Ford's conviction.
"It's a necessary appeal," said Jensen. "Who else has been fined
$40,000 and sent to jail eight months (for growing marijuana) with no
criminal record?"
The lawyer said there have been eight forfeitures of property of this
kind since the amendments to the CDSA in 2003. Seven of the
forfeitures have been appealed. B.C.'s Court of Appeal has not yet
ruled.
Ford lived at the Seymour Arm house until Tuesday, when he was taken
into custody to serve his sentence.
The man acknowledges his criminal activities have left him in worse
financial shape than when he set out to make some money by growing
dope.
The value of the drugs Ford was growing in his house was estimated at
$34,000.
Ford was also banned from owning firearms for 10 years.
Trials involving others charged in the Seymour Arm drug raid are
expected to get underway later this year.
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