Civil,Forfeiture,and,the,Stand law Civil Forfeiture and the Standard of Proof
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
Because CanadasCharter of Rights and Freedoms does not explicitly protect property rights, andthe Supreme Court of Canada found Ontarios civil forfeiture statute to be avalid exercise of provincial power in Chatterjeev. Ontario, seven Canadian provinces are now using quasi-criminallegislation to confiscate individuals property on the balance ofprobabilities, without extending any presumption of innocence. This has allowedfor de facto civil prosecution of suspected criminals when the Crown does nothave sufficient evidence to secure a criminal conviction. In Ontario (Attorney General) v. Lee, forexample, the Crown didnt even lay charges for lack of hard evidence, but inthe absence of a believable explanation from the accused, the court orderedforfeiture of a house worth approximately $457,000. This is a clear example ofhow civil forfeiture legislation shifts the onus away from the state and ontothe accused to prove their innocence. In other cases,such as Alberta (Justice and AttorneyGeneral) v. Chan, the Crown has been able to achieve forfeiture after a criminalconviction has been secured and the defendant has served his or her time. Thisamounts to a circumvention of the rule against double jeopardy, and essentiallyimposes a second punishment which is, in many cases, far more onerous than thecriminal penalty itself. Provincial civilforfeiture authorities have been known to claim that forfeiture is meant to becompensatory as opposed to punitive, and can therefore be imposed alongsidecriminal sanctions. By separating this process from the normal criminalsentencing, however, provincial governments have opened the door to grosslydisproportionate global punishments in a lot of cases.
Civil,Forfeiture,and,the,Stand