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Ministry of the Attorney General Ministère du Procureur général PDF Version

For Immediate Release
November 22, 2006



ATTORNEY GENERAL SHUTS DOWN
ANOTHER HAMILTON CRACK HOUSE


Civil Asset Forfeiture Law Used To Seize Property And Assets

HAMILTON — An alleged crack house in a residential neighbourhood of Hamilton and almost $20,000 in cash and cheques have been preserved pending forfeiture proceedings under the Remedies for Organized Crime and Other Unlawful Activities Act (Civil Remedies Act), Attorney General Michael Bryant announced today.

"Another Hamilton crack house is out of business," said Bryant. "We have a court order to temporarily take control of the building at 13 Beaconsfield Drive. This is an interim measure. I will be asking the court to forfeit the property, cash and cheques as instruments and proceeds of unlawful activity."

On November 17, 2006 the property and cash and cheques were preserved under provincial civil remedies legislation. The court temporarily froze the property on the basis that there were reasonable grounds to believe that the property and assets were either an instrument or proceed of unlawful activity. The judge granted an order giving the Crown temporary control of the property and monies, pending the outcome of forfeiture proceedings. All allegations must still be proven in court.

"Police believe that criminal activity involving illegal drugs has been taking place at 13 Beaconsfield Drive," said Hamilton Police Chief Brian Mullan. "Hamilton police are using every means to stop unlawful activity and ensure our community's safety. We are grateful that the attorney general is initiating a civil action to prevent victimization in our community."

Chief Mullan will be at 13 Beaconsfield Drive at 11:30 a.m. today.

The Civil Remedies Act authorizes the attorney general to ask civil courts to freeze, seize and forfeit the proceeds and instruments of unlawful activity to the Crown. Civil asset forfeiture focuses solely on the connection between property and unlawful activity and is not dependant on any criminal charges or convictions. The legislation acts to prevent people from keeping assets acquired through unlawful activity, to prevent assets and property from being used to engage in further unlawful activities, and to compensate victims.

Since November 2003, the province has collected on forfeitures totaling $2.5 million in assets. The province currently has $8.4 million (net) in assets frozen under this act.


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Contacts:
Brendan Crawley
Ministry of the Attorney General
Communications Branch
(416) 326-2210



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