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In January 2012, Christie became the first lawyer to successfully challenge an application under British Columbia's Civil Forfeiture Act, when the BC Supreme Court found that the retroactive forfeiture of a truck subsequent to a criminal prosecution was "clearly not in the interests of justice". [9] This decision was upheld on appeal. [10]
The application of section 8 is not limited to the criminal context, and has become an issue in civil forfeiture litigation, with some courts holding that "exactly the same Charter principles apply to the manner in which that evidence is obtained as would be applicable in a criminal case". [13] [14]
2005 - British Columbia - Civil Forfeiture Act; 2007 - Quebec - An Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity c C-52.2; 2007 - Nova Scotia - Civil Forfeiture Act; 2009 - Saskatchewan - The Seizure of Criminal Property Act, 2009; 2010 - New Brunswick - Civil Forfeiture Act SNB ...
The term Government of British Columbia can refer to either the collective set of all three institutions, or more specifically to the executive—ministers of the Crown (the Executive Council) of the day, and the non-political staff within each provincial department or agency, i.e. the civil services, whom the ministers direct—which ...
In civil forfeiture proceedings, for example, courts have found that "taking a person’s property away from that person has a punitive component," and various defendants have argued that the rights of the accused in Section 11 of the Charter apply.
The 39th Parliament of British Columbia sat from 2009 to 2013, replacing the 38th parliament and being succeeded by the 40th parliament.It was composed of two elements: the Legislative Assembly of British Columbia, as elected by the general election of May 12, 2009, and The Queen represented by the Lieutenant-Governor (Steven Point until 2012, then Judith Guichon).
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The Civil Resolution Tribunal (CRT) is Canada's first online tribunal, [1] located in British Columbia (BC), Canada created under a Provincial statute. It is one of the first examples in the world of online dispute resolution (ODR) being incorporated into the public justice system.