B.C. forfeiture office abandons bid to seize Fraser Valley home

A government agency set up to punish career criminals in British Columbia has backed down from trying to seize a mans home in a case that has shed light on what critics call a pattern of overreach the powerful office enjoys.

B.C.s Civil Forfeiture Office ended its most high-profile case Monday after a stinging defeat at the provinces top court this year, choosing to abandon the proceedings rather than continue down a path that appeared likely to raise constitutional questions about the legislation under which it operates.

The office, which was created in 2006 to fight organized crime but has come to have a far broader reach, filed its notice of discontinuance in the case of David Lloydsmith on Monday, ending its years-long pursuit of his home. The office has faced questions about the cases it takes on and the fairness of the process after a recent Globe and Mail investigation.

Im trying to wrap my head around all this, Mr. Lloydsmith, whose story was told in the Globe series on civil forfeiture, said in an interview. In my heart of hearts, I was hoping and praying for it. I didnt know.

Mr. Lloydsmith, a former electrician on partial disability in the Fraser Valley community of Mission, opened the front door of his residence on Oct. 15, 2007, after a knock from an RCMP officer. The Mountie told Mr. Lloydsmith he was investigating a 911 call and asked to search the home. Mr. Lloydsmith refused and was arrested.

The officer found marijuana plants growing in the basement but charges were never laid and the officer would write in a report that the offence was minor. A judge would later deem the police search unreasonable and rule it violated Mr. Lloydsmiths Charter rights.

But the Civil Forfeiture Office which does not need a conviction or even charges to pursue a file, and has been far more aggressive in seizing property than its counterparts in other provinces continued to pursue the house. In February, it took one aspect of Mr. Lloydsmiths case to the provinces highest court, where it lost.

The Court of Appeals decision meant the Charter violations in Mr. Lloydsmiths case would have to be dealt with before a full trial. The Court of Appeal also said the system has an imbalance of power that can put ordinary citizens at the offices mercy. The offices director last year told The Globe that 99 per cent of the people the office targets settle on terms in its favour.

The office could have continued fighting the case in the lower-level B.C. Supreme Court, but instead chose to discontinue the proceedings. An exact reason was not provided.

Bibhas Vaze, Mr. Lloydsmiths lawyer, said both he and his client are relieved the case is over.

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B.C. forfeiture office abandons bid to seize Fraser Valley home