Asset Recovery

Asset Recovery, or Forfeiture refers to the confiscation of assets or property allegedly acquired through the proceeds of a crime.

Asset Recovery or Forfeiture refers to the confiscation of assets or property allegedly acquired through the proceeds of a crime.

The Alberta Government has created their own forfeiture regime. The Civil Forfeiture Office utilizes the sweeping powers of the Victims Restitution and Compensation Payment Act to launch civil claims against anyone they suspect has committed crime utilizing their property or who may have acquired property from crime. This new law does not require proof of actual criminal behaviour and the person affected must respond to the action by filing an affidavit or else they will automatically lose their property.

Forfeiture of illegal property was intended to send the message that “crime does not pay” however, it also proved to be an excellent source of revenue for the government. As a result, multidisciplinary forfeiture squads were established in all of the major cities in Canada. These teams of police, income tax investigators, lawyers and forensic accounts use broad legal powers and specialized knowledge to seize cash, cars, and houses.

In Alberta, if evidence is obtained in violation of your Charter rights, it may be excluded even in a Civil context. Making successful Charter applications of this type requires an experience lawyer who is well versed in Forfeiture Law and the Charter of Rights and Freedoms. Roulston Criminal Defence Firm can defend your constitutional rights and your right to reclaim your property.