David Eby

Episode 27 – Civil Forfeiture in Canada, with Bibhas Vaze

Steven Meurrens

Civil forfeiture is a process in which the government seizes assets from persons suspected of involvement with crime without necessarily charging the owners with wrongdoing. Did you know that in British Columbia the government can seize and forfeit your car if you speed? Or that police can “seize first ask later” for property that is less than $75,000? This was a fascinating look at an area of law that receives little scrutiny, especially in how it can relate to immigration.

Bibhas Vaze is a criminal defence lawyer in Vancouver.

 

4:45 – An overview of New Can and how it relates to civil forfeiture.

5:30 – What is civil forfeiture?

13:15 – Who has the onus of proving there is a tracing of property to unlawful activity?

16:50 – Can the government seize property that is partially the proceed of crime or that was used to commit unlawful activity?

17:10 – What is unlawful activity in the civil forfeiture context?

19:20 – What is the size of British Columbia’s Civil Forfeiture Office? How much property has it seized since its inception?

20:30 – Do all civil forfeiture cases have to go to trial?

25:10 – When is the property actually seized?

29:00 – What level of connection between the unlawful activity and the property is necessary in order for property to be seized?

32:20 – What is constitutional creep, and how does it play into civil forfeiture?

37:50 – If someone is ordered by a criminal court to pay a fine or restitution, can they they be subject to civil forfeiture, essentially paying the fine twice?

46:00 – How far back can the government go? Is there a limitation period from when the unlawful activity was committed to when the property can be seized?

1:01 – An overview of the recent United States Supreme Court decision to strike down many aspects of their civil forfeiture regime. Could it happen in Canada?

Episode 7 – David Eby and Tom Davidoff on Vancouver’s Housing Market

Steven Meurrens

A discussion of the role of immigration on the Vancouver housing market.

Tom Davidoff is an Associate Professor at the University of British Columbia’s Sauder School of Business.  He is frequently cited in the Vancouver media as being an expert on Vancouver’s housing market, and was part of a team of nine academics who created the B.C. Housing Affordability Fund proposal.

David Eby is the Member of the Legislative Assembly for Vancouver-Point Grey, and was previously the Executive Director of the British Columbia Civil Liberties Association.  He is a passionate advocate for making Vancouver a more affordable place to live.

  • What has been going on in the Vancouver housing market? How fast have prices been rising?
  • Is there evidence that foreign investment / foreign funds has been the cause of the increase in Vancouver housing prices?
  • What data is there regarding the amount of foreign home ownership in Vancouver?
  • What is the property transfer tax, and what are the new rules on how it applies to foreign buyers?
  • Is there evidence that high housing prices impacts the rental market? Does it matter if the landlord is a Canadian or a foreigner?
  • Why should high housing prices matter? Why should people think that they should be able to live in a market that they cannot afford?
  • Should we move beyond the paradigm of valuing single detached homes?
  • What role do international students play in the increase in housing prices?
  • Does the fear of being accused of racism prevent government from addressing the issue of high prices?
  • Is real estate such an integral part of the British Columbia economy such that high prices are now “too big to fail?”
  • Should we move beyond the paradigm of valuing home ownership?