2008-01-28 11:15:12 RCMP PRESS RELEASE
On January 16, 2008, Van Bon LE pled guilty to charges of Production of a Controlled Substance. He was sentenced to a nine month Conditional Sentence Order which includes six months of house arrest. In addition, LE’s house located in the 7700 block of Tronson Road was ordered forfeited by the courts (LE is no longer residing in the residence). The house is valued at approximately $300,000.00 and will now be sold. The proceeds of the sale will go to the federal government.
The Vernon/North Okanagan RCMP currently have six other houses that are the subject of Restraint Orders and police are seeking forfeiture on those houses pending the conclusion of the respective criminal trials. All of the houses were found to contain marihuana growing operations during searches conducted over the last two years. In cases where searches result in criminal charges, the Controlled Drugs and Substances Act allows for the police to apply to have the houses restrained which prevents the house from being sold until the trial is concluded. If the accused is found guilty, then an application is made to have the house forfeited.
However, in cases where a search does not result in criminal charges the police can use the Civil Forfeiture Act to seek to have the house forfeited. In such cases the police refer the matter to the Civil Forfeiture Office who make the applications.
The Vernon/North Okanagan RCMP used this tool in July of 2007, when a search of a house in the 6600 block of Scott Road located a marihuana growing operation that had been partially dismantled. Although this search did not result in criminal charges, the Vernon/North Okanagan RCMP did refer the matter to the Civil Forfeiture Office. As a result, civil forfeiture proceedings have been initiated against the property and the property has been restrained by a court order pending resolution of the proceedings.
The Civil Forfeiture Act is relatively new legislation which allows for applications to have instruments or proceeds of criminal activity seized. In addition to seeking the forfeiture of houses, the Vernon/North Okanagan RCMP also refers marihuana growing operation investigations to the Canada Revenue Agency. The Vernon/Okanagan RCMP are committed to using all tools available to combat marihuana growing operations in the city. One of the best ways to target such operations is to target the assets of the growers. This strategy will continue to be used in the future.
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