Province proposes expansion of civil forfeiture laws

The province is introducing changes to its civil forfeiture laws that will expand the number of crimes covered under the Seizure of Criminal Property Act.

"We are committed to ensuring property is taken out of the hands of criminals,"  said Minister of Corrections and Policing Christine Tell in a statement.

The act allows the province to seize property it believes was part of an unlawful activity, such as a vehicle used to deal drugs or a property where a marijuana grow-operation was located.

The province does not have to prove the property was part of criminal activity and it does not require a conviction before seizing money or property.

"These changes will broaden when that can be done and in turn, provide support to victims of crime and other community safety initiatives," Tell said.

The proposed legislation would add the following to the act:

• Property that was previously subject to a community safety order under The Safer Communities and Neighbourhoods Act.
• Vehicle owners with a history of impaired driving suspensions.
• Gang or terrorist activity involving prohibited and restricted firearms.
• Matters involving sexual offences, including sexual offences with child victims.

Concerns of civil forfeiture laws in Canada

Civil forfeiture cases have gone to the Supreme Court in Canada and the United States. In some cases, plaintiffs argued property seized was not proportionate to the crime they were accused of or convicted of committing.

A 2016 report by the Canadian Constitution Foundation (CCF), which advocates for property rights and tries to provide some legal pushback, and the Institute for Liberal Studies gave Saskatchewan a D+ grade on its forfeiture legislation and policies.

Under Saskatchewan's law, "the standard of proof is to be on the balance of probabilities" during civil forfeiture court proceedings. The study said unlike a criminal proceeding, "civil forfeiture proceedings are relatively easier due to the lower standard of proof."

The CCF study recommended the provincial auditor examine the province's civil forfeiture records, including how much the province collected and the amount that was given to victims of crime.

Saskatchewan's provincial auditor examines the financial statements of Criminal Property Forfeiture Fund annually.

A portion of the money generated through forfeiture is given to police and non-profit groups through grants.

The province received $1,014,268 in the year 2017-18 in forfeitures. This was down from the 2016-17 total of $1,349,732. The province paid $2.5 million in grants to police and non-profits in 2016-17. In 2017-18, the grant total was considerably less at $111,525.

According to the Ministry of Corrections and Policing, in 2016-2017, there were 12 court ordered forfeitures and 109 administrative forfeiture notices totalling $1.5 million. In 2017-2018, there were 19 court order forfeitures and 122 administrative forfeiture notices totalling $882,000.