SUMMERSIDE, P.E.I. — Summerside council moved to lobby the P.E.I. government for civil forfeiture legislation that would allow police to seize property without a warrant if they believe it to be a product of crime.
Summerside has joined the City of Charlottetown to ask the province for forfeiture statutes.
The motion from Coun. Barb Ramsay on Dec. 16 was spurred by an increase in concerns from citizens.
They want police to do more to stop questionable activities in their communities, in particular, drug houses.
Coun. Cory Snow is hoping the legislation will resemble the Safe Communities and Neighbourhoods (SCAN) model which is at work in other jurisdictions.
Snow said he’s heard of cases in Summerside where police have shown up in response to complaints but haven’t been able to stop the suspicious activities.
“The very next day, the people are back in the home, the same activities going on again and again. You can see where residents feel unsafe and feel like nothing's being done," he said.
"It’s quite the opposite, police are really working hard with the tools they have."
Summerside Police Chief Dave Poirier said this is the second time he’s asked the province for the legislation.
“This is going to be an extra tool for our tool belt to help police officers in, say, dismantling drug houses, or any other criminal operation that’s going on. It’s going to give us a lot more power if it’s enacted,” said Poirier.
That extra power is a concern to groups like the Canadian Constitution Foundation (CCF), which believes forfeiture laws are unconstitutional.
Civil forfeiture laws allow provincial governments to seize property - not only from criminals but also from people who have never been charged with a crime.
Provincial civil forfeiture laws appeared first in Ontario in 2001. Forfeiture was originally intended to deter crime and compensate victims, but there are instances where forfeiture legislation was misused.
Karen Selick, a former litigation director for the Canadian Constitution Foundation, testified before a legislative committee in 2001 to warn about the dangers of civil forfeiture laws.
“This bill will give the government a stake - a very big stake, in the continued existence of organized crime. In effect, it will make the government a senior silent partner to organized crime," said Selick.
Sending a message
With more drugs making their way east, Poirier anticipates a “hard ball game” to keep them off the streets.
“We’re not looking to harass anybody, but hopefully getting the message across that this type of activity will not be tolerated,” said Poirier.
In Charlottetown, Deputy Police Chief Brad MacConnell said his department supports the move for more legislation.
MacConnell said civil forfeiture laws would entail a complaint process, an investigative process and an enforcement process.
Poirier said police can use forfeiture regulations with the other tools to help people who get themselves in trouble.
“There are family services, there are other programs we can pass on to the persons involved,” he said, but “no doubt about it,” forfeiture legislation would help a lot.
“Once the residence becomes a public place for inspection officers to go in, the people involved may think twice before being caught again,” said Poirier.
As for what the police would be allowed to do under the new legislation, Poirier said it will depend on the legislation.
“There is what you call ‘a thin blue line’. So, we’ll have to wait and see what the courts say on this,” said Poirier.