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Opportunity Warning: Legalized Theft

B.C. man fights civil forfeiture in dispute

The province of British Columbia should not be able to
► benefit from unlawful conduct, a lawyer said in the B.C.

Court of Appeal, on the first day of a civil forfeiture hear-
ing that could impact many more cases.

The two-day hearing in the province’s highest court
involves the case of David Lloydsmith, a resident of the
Fraser Valley community of Mission whose home was
searched by police in October, 2007.

Mr. Lloydsmith earlier told The Globe and Mail how an
RCMP officer showed up on his doorstep and said he was
investigating a dropped 911 call. The officer asked to
START-UP NY is Governor Cuomo’s search Mr. Lloydsmith’s residence, a request the home-
initiative to create tax free communi- owner declined.
ties for new and expanding busi- The officer then
nesses on SUNY and other university forced his way in and ►
campuses across the state. put Mr. Lloydsmith in
Businesses will be able to locate in handcuffs. A second
these zones and operate 100% tax- officer arrived within
free for 10 years. minutes and the
 No income tax. Mounties began their
 No business or corporate state or search, ultimately finding marijuana plants in the base-
local taxes. ment.
 No sales tax. Mr. Lloydsmith was arrested but never charged. The
 No property tax. province’s Civil Forfeiture Office is attempting to seize his
No franchise fees home, despite the fact a B.C. Supreme Court judge earlier
For more information, click here called the police search “warrantless” and “unreasonable”
and said it breached Mr. Lloydsmith’s Charter rights.
The Supreme Court judge said a hearing on what to do
about the Charter issues should be held first, before a full
discovery process and trial. The Civil Forfeiture Office has
appealed that decision.

The office does not need charges or a conviction to
take on a file and Mr. Lloydsmith’s case could determine
whether it can proceed when evidence has been obtained
in violation of the Charter. In a testament to the impor-
tance of the case, the B.C. Civil Liberties Association
has decided to intervene. Continue Reading
Just over the Bridge SUNNY DHILLON VANCOUVER — The Globe and Mail

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