Understanding Civil Forfeiture in British Columbia: Process and Review Options
Civil forfeiture is a legal mechanism used in British Columbia that allows the government to seize property believed to be connected to unlawful activity. This tool is intended to disrupt crime by targeting its profits. However, it can be a complex and intimidating process for individuals whose property is targeted.
Below, I will explain how civil forfeiture works in British Columbia and explain some options you have if your property is subject to forfeiture.
What Is Civil Forfeiture?
Civil forfeiture is a streamlined process used by the British Columbia Civil Forfeiture Office (CFO) to seize personal property (excluding real estate) that is valued at $75,000 or less. It does not require a court hearing unless a claim is filed to contest the forfeiture.
Examples of property subject to civil forfeiture include:
Cash
Vehicles (including financed vehicles as of 2023)
Electronics
Jewellery
The property must be alleged to have been:
Proceeds of unlawful activity, or
An instrument of unlawful activity (i.e., used to commit a crime)
How the Process Works
1. Seizure of Property
Property is typically seized by law enforcement and referred to the Civil Forfeiture Office. You do not have to be criminally charged to have your property seized.
2. Notice of Intent
The CFO sends a Notice of Intent to Forfeit to the last known address of the property’s owner. This notice outlines:
What property is being seized
The alleged unlawful activity
The deadline to file a dispute (typically 60 days from the date of the notice)
3. Public Notification
The CFO may also publish the notice in the British Columbia Gazette, which serves as a form of public notice.
4. No Response means Automatic Forfeiture
If no claim is filed within 60 days, the property is automatically forfeited to the government. No court proceedings are held in this case.
How to Dispute Civil Forfeiture
If you want to stop the forfeiture, you must:
1. File a Notice of Dispute
Within 60 days of the notice, submit a Notice of Dispute to the CFO. This document must include:
Your full name and contact information
A description of the property
Why you’re challenging the forfeiture (i.e., your claim to the property)
A. Affidavit Submission
You can (and should) provide an affidavit explaining your version of events. This affidavit should address:
How you obtained the property
Who owns the property
Why the property is not connected to any crime OR that your are an innocent party
How the loss of the property may cause damages to you
Any other facts supporting your claim of lawful ownership or use
B. CFO May Withdraw the Action
Before referring the case to court, the CFO may review your affidavit and decide to withdraw the forfeiture action and return your property. This is a crucial opportunity to avoid litigation altogether. A well-prepared affidavit, especially one that clearly establishes your lawful interest and lack of involvement in criminal activity, may lead the CFO to stop the process.
C. Referred to Court
If the CFO decides to move forward despite your affidavit response, the matter is referred to the BC Supreme Court, where a full civil trial process begins.
Know Your Rights
Even if no criminal charges have been laid, you still have the right to:
Receive formal notice of forfeiture
File a dispute and affidavit
Request disclosure of evidence
Be heard in court
Prove that you are an “innocent owner”
Should You Get Legal Help?
Yes. Civil forfeiture is legally complex and involves procedural rules that can affect the outcome of your case. A lawyer can be of assistance and advise you of your rights and potential for success.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about civil forfeiture, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.