The Government of Alberta is gathering input to help make civil forfeiture more effective and ensure due process for property owners. Your input is important.
Civil forfeiture is a legal process that allows Alberta’s government to freeze and forfeit property that is derived from or used to carry out illegal activity. It helps suppress criminal networks and make Alberta communities safer by forfeiting criminal property such as cash, vehicles, and buildings. Civil forfeiture is available whether criminal charges are laid or not.
In Alberta, the civil forfeiture process is set out in the Civil Forfeiture Act. The legislation was originally called the Victims Restitution and Compensation Payment Act, which was Canada's first provincial civil forfeiture statute when it passed in 2001. Since then, seven other provinces and one territory have also passed civil forfeiture legislation.
The Civil Forfeiture Act (the Act) has played a pivotal role in the province’s strategy to deter criminal activity; however, opportunities to strengthen the Act have been identified over the years.
What is Being Reviewed?
The government is exploring new tools and procedures to enhance the ability of the Civil Forfeiture Office, in the Ministry of Public Safety and Emergency Services, to pursue forfeiture of criminal property in appropriate cases while ensuring due process for property owners.
Discussion Questions
For the purposes of this engagement, civil forfeiture has been organized into themes:
- Processes involved in and out-of court;
- The rights of property owners and the Civil Forfeiture Office's ability to freeze property until a decision regarding forfeiture is made; and
- How forfeited property is managed and disposed of.
Tip: As you review the themes on the following page(s) and develop your written responses, it may be helpful to consider what you believe is an appropriate level of intervention; concerns, if any, regarding fairness; limitations facing the current act and regulation, and areas of legislative enhancements/change that are not mentioned but would benefit from consideration.
Note: Theme content may differ from what was presented during targeted stakeholder engagement sessions held in the fall/winter. The information presented is intended solely for the purpose of discussion and to assist in the development of options for consideration by the Government of Alberta.
Thank you for taking the time to share your thoughts. The survey closes February 7, 2025.
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