Canadian Lawyer

can enact legislation that "intrudes clearly on federal legislation" and the justification is the provincial concern for public safety. The roadside suspensions, for example, do result in police investigating an offending action but not labeling it as a crime under the Criminal Code. "So, what's stopping B.C. municipalities from doing the same with the criminal prohibition of marijuana?" he asks in his blog (www.vancouvercriminallaw.com). Vancouver could pass a law that directs its police force to investigate marijuana offences but then apply city bylaws in seeking a remedy such as licensing for anyone growing or selling the drug. Doroshenko maintains the same justification of public safety can be used for bringing about such bylaws. "There is an overwhelming threat to society from marijuana" he said, pointing to problems with illegal grow operations which impinge upon human and public safety. Doroshenko said there are other provincial laws that have intruded upon what was the domain of the federal government. He points to B.C. legislation to seize property used in unlawful actions, including confiscating the vehicles of alleged street racers and disposing of them if there is no court challenge. B.C. was one of two pioneering provinces that initiated civil forfeiture in 2006, with six provinces now having similar legislation. The province's Civil Forfeiture Office, operating under the Civil Forfeiture Act, allows the director of civil forfeiture to initiate civil court proceeds against property believed to be instruments or proceeds of unlawful activity. Those rights were further entrenched in 2011, when amendments allowed the director to commence administrative proceedings against property valued at $75,000 or less that is not real estate. "These proceedings are not commenced in court, they are an administrative process," the Civil Forfeiture Office notes. Administrative forfeiture allows the office to bypass the Check out the decision in Sivia v. British Columbia (Superintendent of Motor Vehicles) at tinyurl.com/bcsivia. courts — unless the action is contested. "It is completely separate from the criminal law proceeds-of-crime provisions under the Criminal Code of Canada." Doroshenko said just as the Silva case is being appealed with a hearing in the spring of 2013, one of the dangers of creating such provincial remedies for unlawful behaviour is that they may open up grey areas. The state is taking action against an individual but not providing the adequate safeguards for the individual that are ensured under the Charter. "It is giving police a lot of discretion," he said. — Jean Sorensen jean_sorensen@telus.net 2013 CPD. Think OPD. programs that can be counted towards your annual CPD requirement. The Osgoode Labour Law Starts January 17, 2013 The Osgoode Pension Law Starts January 21, 2013 *The Osgoode Mining Law Starts January 28, 2013 *The Osgoode Entertainment Law Starts February 26, 2013 *The Osgoode Negotiation Starts April 24, 2013 * Includes accredited Professionalism hours/New Member eligible To Register: www.osgoodepd.ca Or Call: 416.597.9724 or 1.888.923.3394 Or Email: opd-registration@osgoode.yorku.ca Check programs for details Osgoode Professional Development, 1 Dundas Street West, Suite 2600, Toronto Priority Service Code: 99-99CL www.CANADIAN L a w ye r m a g . c o m Jan uary 2013 13

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