What is Civil Forfeiture?
Civil forfeiture is a legal mechanism that allows the government to seize property alleged to be connected to criminal activity, even if no criminal charges have been laid. In Ontario, this process is governed by the Civil Remedies Act, 2001.
Unlike criminal forfeiture—which follows a criminal conviction—civil forfeiture is a civil process. This means:
· The government sues the property itself (e.g., “Her Majesty the Queen v. 123 Main Street”).
· The burden of proof is lower than in criminal cases. Instead of proving guilt “beyond a reasonable doubt,” the government only needs to show it’s more likely than not that the property is linked to unlawful activity.
Can Property Be Seized Without a Conviction?
Yes. In fact, civil forfeiture in Ontario does not require the owner of the property to be charged or convicted of a crime. The court looks only at whether the property was:
· Proceeds of unlawful activity (property obtained through illegal means), or
· Instruments of unlawful activity (property used to commit or facilitate illegal acts).
This can include cash, vehicles, real estate, or other assets. For example, police might seize cash found during a traffic stop if they suspect it is connected to drug trafficking—even if no drugs are found and no charges are laid.
Controversy and Legal Challenges
Civil forfeiture without a conviction is controversial because it raises serious concerns about:
· Due process – Individuals may lose their property without having been found guilty of any crime.
· Access to justice – Defending against a civil forfeiture claim can be expensive and complex.
· Potential abuse – Critics argue that the system can be misused, particularly when it disproportionately affects marginalized communities.
Some have likened civil forfeiture to “policing for profit,” especially when proceeds from forfeitures are used to fund law enforcement.
Defending Against Civil Forfeiture
If you receive notice that your property is the subject of a civil forfeiture application in Ontario, it’s crucial to act quickly. Here are some key steps:
1. Consult a lawyer immediately – Civil forfeiture law is complex, and legal advice is essential to protect your rights.
2. Respond to the claim – You have the right to contest the forfeiture in court, but strict timelines apply.
3. Prove legitimate ownership – You may need to demonstrate that your property was lawfully obtained and not connected to illegal activity.
In some cases, even if the property was used unlawfully, the court may allow the owner to keep it if they can prove they were unaware of its use in crime and took reasonable steps to prevent it.
If you need criminal defence lawyers, give us a call at (905) 541-2228 or fill out a consultation form. We are available 24/7.
