This content does not present legal advice or a statement of law. For legal details about civil forfeiture in Alberta, consult the Civil Forfeiture Act.
Overview
Civil forfeiture is a legal process that allows the Government of Alberta to apply to the court to freeze and forfeit property linked to illegal activity.
This includes property that:
- was gained from crime, or
- was used to carry out crime that is profit-motivated or likely to cause bodily harm
This can include:
- money
- vehicles
- real estate
- other personal property
Civil forfeiture is a civil court process separate from any criminal charges. Property can be forfeited even if no charges are laid or no conviction is obtained.
The goal is to:
- prevent people from profiting from crime
- prevent crime by removing property used to carry out crime
- support victims and community safety initiatives
Police services, the government and the courts all have a role in the civil forfeiture process.
How civil forfeiture works
Step 1. Case is reviewed
The Civil Forfeiture Office reviews cases referred by law enforcement.
Step 2. Legal action may begin
Government may apply to the court to freeze or forfeit the property.
Step 3. Impacted property owners can respond
Anyone with an interest in the property can file a claim and provide evidence.
Step 4. Outcome is decided
The court may:
- return the property
- forfeit it to the government
- order it sold and distribute proceeds
Administrative forfeiture
In some cases, government can seek forfeiture through an administrative process.
This means a court hearing is not required, unless an owner of the property disputes the forfeiture.
If you receive a Notice of Administrative Disposition, you should:
- review the notice carefully
- follow the instructions provided
- respond within the required timelines
If you dispute the forfeiture, the matter may proceed through the courts. If you do not dispute the forfeiture, the property may be forfeited without a court hearing.
Court hearing
If an owner of the property opposes civil forfeiture, the matter is decided by the court.
At a court hearing:
- the property owner(s) and government representatives present their evidence
- a judge determines whether the property was gained from or used to carry out a crime
If the judge finds the property is connected to crime, the judge may order that it be:
- returned to a party who proves they:
- have an interest in the property
- were not involved in the crime
- did not know their property was gained from or used to commit a crime
- returned to the victim of the crime
- sold, with the proceeds used to:
- pay innocent creditors
- compensate specific victims of crime
- forfeited to the Government of Alberta, to be used for purposes allowed under the Civil Forfeiture Act, including crime prevention and victims support programs
The property may be forfeited at a court hearing whether or not an owner participates in the hearing.
Your rights
As an owner of property, you have the right to dispute an administrative forfeiture.
If the case proceeds to a court hearing, you have the right to:
- be notified of forfeiture proceedings
- file a claim to the property
- provide evidence to support your claim
- have the case heard by a judge
Where the money goes
The forfeited cash and the funds generated through the sale of forfeited property can be used by the government to:
- support victims of crime
- fund grants for community programs to help prevent crime, including:
- shelters for victims of family violence
- gang-reduction programs for at-risk communities
- support police training and operations
- recover the civil forfeiture program's operating costs
- other purposes permitted by the Civil Forfeiture Act
About the legislation
The Civil Forfeiture Act sets out:
- the government’s authority to conduct civil forfeiture
- the rights of property owners and others claiming an interest in the property
- the role of the Court
Grants funded
The Alberta government has awarded over $19.7 million in grants to community-based programs from the proceeds of civil forfeitures.