News release

Province Wins First Civil Forfeiture Case

Justice

The province won its inaugural court case under new legislation that helps make sure that crime doesn't pay.

The lawsuit was filed with the Supreme Court of Nova Scotia in Sydney by the new civil forfeiture unit. It sought $5,725 that was seized Feb. 18, during a drug raid in Sydney Mines by Cape Breton Regional Police Service.

"The success of this case sends a message that crime will not pay in Nova Scotia," said Graham Steele, acting Justice Minister. "Government and police are collaboratively using this tool to deter criminal activity and help make our communities safe for families."

A Supreme Court judge in Sydney ruled in government's favour Tuesday, Sept. 20.

Law enforcement agencies refer cases to the civil forfeiture unit where there is evidence of wrong-doing but criminal charges are not laid, such as bootlegging or selling stolen property. The unit seeks civil court approval to have the property or cash from the wrong-doing turned over to the province.

In cases where charges are laid, and property is not seized by an enforcement agency or forfeited by the criminal court, the unit can seize the property and ask civil court for it to be turned over.

Revenues from the program will provide financial support for crime prevention and victim services programs, and also fund the civil forfeiture unit.

The Civil Forfeiture Act and Assets Management and Disposition Act, the legislation that makes the process possible, came into force April 29.