CIVIL FORFEITURES
Charlottetown council asking FPEIM to join its lobbying efforts for civil forfeiture legislation
Charlottetown wants support for plan to seize crime properties
Charlottetown city council is hoping municipalities across the province jump on board its efforts to shut down drug houses.
Council passed a unanimous resolution at its regular public monthly meeting Monday to ask the Federation of P.E.I. Municipalities (FPEIM) to get involved in efforts to lobby the provincial government to bring in civil forfeiture legislation.
Such a law would allow police to seize property that they believe has been involved in a crime, or acquired illegally.
A similar resolution was passed by council in Summerside last month and it follows a letter, asking for civil forfeiture legislation sent by the City of Charlottetown to Attorney General Bloyce Thompson’s office. Thompson said his office was considering it.
“I have heard from many residents across this city saying, ‘it’s about time that these drug houses and crack houses are going to be dealt with’,’’ Coun. Mitchell Tweel, who moved Monday’s resolution and the original one passed by Charlottetown city council last month.
“This is another weapon. This is another option for police forces, whether it be in the city of Charlottetown or across Prince Edward Island to be able
to use (legislation) to seize these properties; to make sure the checks and balances are in place because, right now, to be honest, there doesn’t seem to be any deterrent whatsoever. The status quo is not working.
The neighbourhoods are being held hostage by drug dealers. I mean, everything from needles on the street to illegal activities.’’
Tweel said getting FPEIM on board would be a significant step towards legislation.
“I think it sends an unequivocal message to the provincial government that the municipalities and elected officials that are the closest to the people want action; they don’t want excuses.’’
Every province in Canada has civil forfeiture legislation except for P.E.I. and Newfoundland and Labrador.
In a previous interview, Charlottetown Deputy Police Chief Brad MacConnell said his department supports this type of legislation, saying it would give police “an extra tool to combat those types of activities’’.
The problem as it exists now, MacConnell added, is that police secure a search warrant and lay charges but the accused often end up back in the same property, conducting the same activities.
However, one of the challenges civil forfeiture legislation has caused in other provinces is these laws have been challenged in the Supreme Court of Canada, with lawyers arguing it fringes on a person’s rights and freedoms because the law can give the police the right to seize a property without laying any charges.
Tweel countered that it’s about time politicians and police worry more about the rights of individuals who live and abide by the law in these neighbourhoods.
“What about their rights? Nobody seems to be speaking about their rights and that’s my job,’’ the Ward 4 councillor said, adding that the two council resolutions have received overwhelming support from the public.
“People don’t want to tolerate it anymore. They want action. We need to do everything in our power to bring the neighbourhoods back to what they were because I can tell you this is not the city I grew up in.’’