What is the test for an application for civil forfeiture under s. 12 of the BC Civil Forfeiture Act?
British Columbia, Canada
The following excerpt is from Director of Civil Forfeiture v. Hurtubise, 2012 BCSC 1368 (CanLII):
Accordingly, the onus is on the defendants to establish that they are “uninvolved interest holders” pursuant to s. 12 of the Act, i.e that they did not directly or indirectly engage in an unlawful activity that is the basis of the forfeiture application: Director of Civil Forfeiture v. Rai,2011 BCSC 186 at para. 86.
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