Nova Scotia sees surge in civil forfeitures after legislative overhaul
Following changes to its Civil Forfeiture Act last year, Nova Scotia has significantly increased property seizures without criminal convictions. A new administrative forfeiture process for items under $125,000 has drawn criticism from civil liberties advocates over due process concerns.
The Nova Scotia government overhauled the Civil Forfeiture Act last year, making it easier for the Department of Justice to seek forfeiture of suspected proceeds of crime. The legislation allows authorities to target property seized by law enforcement using lower proof thresholds and does not require a criminal conviction.
The impact on enforcement activity has been immediate. RCMP Sgt. Wayne Ross reported that his team referred three cases to the Department of Justice last year, compared to 25 or more referrals so far this year.
A central feature of the amendments is a new provision called "administrative forfeiture," which applies to property worth less than $125,000. Under this process, the government issues notices to owners, who then have a six-week objection deadline before the province takes possession. Cases involving property over $125,000, as well as houses, buildings, and land, must still go through a court process.
Recent administrative forfeiture notices have targeted vehicles, utility trailers, cash ranging from $31.60 to $53,100, and jewelry including Rolex watches and diamond rings. Other new amendments include "unexplained wealth orders" and a presumption that cash found near drugs constitutes proceeds of crime unless proven otherwise.
Justice Minister Scott Armstrong stated that civil forfeiture aims to combat an uptick in organized crime, particularly in rural areas.
There are currently six forfeiture cases involving homes, buildings, or land valued at a total of $1.5 million. Among them, justice officials are seeking the forfeiture of the Windsor Junction, N.S., home and vehicles of Robert List, a convicted sex offender sentenced to eight years and nine months in prison for taking 18,000 sexually explicit photos.
Not all forfeiture attempts succeed. A $300,000 soil sifter owned by contractor Arni Lively was returned after the Justice Department dropped a court application for its forfeiture.
Forfeited property is sold, with some proceeds funding community programs. The provincial government recently announced $280,000 in grants to eight groups.
However, the expanded powers have drawn scrutiny. Josh Dehaas of the Canadian Constitution Foundation criticized the administrative forfeiture provisions for allowing the government to seize property without proving anything to a court.