[ZTWsquared]

Right ... but the Crown still has to convince a judge that unlawful activity could be proven or is likely occuring ("connected") ... and you can see how that could work in the area of drug enforcement and organized crime with certain levels of lifestyle with no apparent means of support, certain activities and associations - things that have been observed by law enforcement over a period of time.

But take you as an example ... "yes your honour, the vehicle is substantially modified and in fact the defendant races on the track. Errr ... no he has no speeding tickets, he has a job, it's emissions controls are intact, he has no criminal record, lots of character witnesses, we haven't actually been monitoring his activity ... but look at that header!"

Unless you've actually been found guilty of something and then also found to be street racing, I believe most judges in most situations will dismiss a stand alone application to have modified cars seized - assuming it even gets that far.

In the case of the two cars that were crushed, even though the crown didn't have to prove street racing, my bet is that the owners were in fact found guilty of some sort of serious on the road offense prior to the seizure - and even though the AG is touting this as some sort of example, it's probably not the pure example he's making it out to be.

If it was easy ... you can be sure we'd be hearing about a lot more than just two cars crushed; two cars that were involved in some sort of incident 3 and 4 years ago.

I'm not trying to say that your concern is unwarranted ... all I'm saying is that the AG is making it sound a lot easier than it is ... and regardless of what Fantino or the AG want, the rule of law and the judgement of judges and ultimately the charter still trumps them all.

P-51,Jun 26 2007, 10: Wrote:Probably, hopefully.

"Civil asset forfeiture focuses solely on the connection
between property and unlawful activity and is not dependant on any criminal
charges or convictions."

I think this is what the AG was referring too.  If I understand it right, the case goes to court completely as a stand-alone issue.  It's not an if-then.  If you get convicted of a crime, then they can confiscate your things.

I'm guessing, you can be charged with using your car for unlawful purposes, and that is tested in court individually.  It's not reliant on you being found guilty of street racing *first*.

So, at least it appears you get your day in court.

HOWEVER, I'm guessing they have the power to initiate these proceedings whenever they feel like it.  Which means your car is impounded.

So, while you may get your day in court, your car could sit for... a long time in impound.  And then if you prove your innocence... you just get an "oops, sorry 'bout that, but here's your car back.  Don't mind the dust, 4 flat tires, varnished fuel system and vandalism."

Wonder if they also hit you with the storage fee too.

We've seen that happen with drinking and driving... Blow an 0.05, still under the limit, but you get pulled in anyway and thrown in jail overnight.  And you get to pay the towing and impound fees.  When you haven't broken any laws.
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