News Release

For Immediate Release
August 16, 2007

Civil Forfeiture Law Used To Take Over Residential Apartment Building

CHATHAM - Ontario's Attorney General has been granted a court order to preserve and secure a Chatham apartment building that police call a "drug house," Attorney General Michael Bryant announced today.

"We have a court order to temporarily take control of one of the most infamous addresses known to police in Chatham," said Bryant. "A police presence at the property will discourage any unlawful activity. As Attorney General, I will be asking the court to forfeit this property to the Crown as an instrument of unlawful activity under the Civil Remedies Act."

On August 13, 2007, the property at 51 Taylor Avenue was frozen under the provincial Civil Remedies Act and the Crown was given temporary control of the property pending the outcome of forfeiture proceedings. Counsel for the Attorney General satisfied the court that there were reasonable grounds to believe the property was being used as an instrument of unlawful activity for the possession, sale and use of illegal drugs, including crack cocaine. All allegations must still be proven in court.

"We are grateful that the Attorney General has used the Civil Remedies Act to take possession of this property and begin proceedings seeking its forfeiture," said Chatham-Kent Police Chief Carl Herder. "Over the past five years, police have answered more than 300 calls at 51 Taylor Avenue and executed 21 search warrants on three apartments in the building, which resulted in 49 arrests and 119 charges."

The Civil Remedies Act authorizes the Attorney General to ask civil courts to freeze, take possession of and order the forfeiture of the proceeds and instruments of unlawful activity to the Crown. If government lawyers can prove that the property in question is a proceed or an instrument of unlawful activity, the court can issue an order forfeiting the property to the Crown.

Civil forfeiture focuses solely on the connection between property and unlawful activity. It is not dependant on any criminal charges or convictions. The standard of proof required for civil forfeiture is the same as it is in all civil actions - a balance of probabilities.

This is the first step in the civil process that will ask the court to order the forfeiture of the property to the Crown. If successful, the property will be sold and the funds deposited into a special purpose account. Direct victims of any unlawful activity associated with the property would then be able to submit a claim for compensation against the forfeited property.

Since November 2003, the Attorney General has used the Civil Remedies Act to:

• Shut down a notorious Hamilton crack house and transfer ownership to the city for redevelopment
• Freeze a second crack house in Hamilton
• Crush two street racing cars
• Gain forfeitures on 13 properties used for marijuana grow operations and freeze 52
• Freeze a Hell's Angels club house in Oshawa
• Obtain forfeitures of almost $1 million in illicit cash
• Disburse approximately $1 million in compensation to victims of unlawful activity
• Award more than $900,000 in grants to law enforcement agencies.

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