Did you know that under Ontario’s Civil Remedies Act, the police can confiscate anything in your possession if they suspect that you are committing a crime?  Most sane people would not have a problem with this…except for one mitigating factor.  They do not have to actually charge you.

This law was recently challenged as unconstitutional and the law was held up by the Supreme Court of Canada.  I understand the reasons as to why, but the application of the law must be handled with great care.  This law was designed with the intention to allow the authorities to dismantle criminal organizations.  However, given the way the law is written, if the perception exists that you are acting in an unlawful manner, the police can sieze your property and you have absolutely no recourse to get it back.

Six other provinces have enacted legislation similar to that in Ontario.  In British Columbia, within two years of being operational, the Civil Forfeiture Office was self funding.  This office is funded by the sale of confiscated goods.

It is frightening to think that the government has put this kind of power into the hands of the police.  Uncle Ben (from Spider-man) once said to Peter Parker, “With great power comes great responsibility.”  We can only be hopeful that the authorities do not abuse this power, as they do in the United States, where it is not uncommon to see law enforcement officials driving around in confiscated cars.

To read a copy of the law, click here.