Civil Forfeiture in Regina, Saskatchewan
If your property or assets have been seized or targeted for forfeiture by the Saskatchewan Civil Forfeiture Program, you need experienced legal representation who understands how these proceedings work in Regina and across Saskatchewan.
Civil forfeiture is a civil legal process that may allow the government to permanently take ownership of property it alleges was acquired through unlawful activity or used in unlawful activity — even without a criminal conviction.
As an experienced Regina civil forfeiture lawyer, Merv Nidesh, K.C. can help you challenge civil forfeiture actions, dispute restraint orders, and protect your legal rights throughout the process.
If you are charged with a criminal offence, the government may seize or attempt to seize your assets
They can do this using the forfeiture provisions of the Criminal Code or provincially using the civil forfeiture legislation.
In Alberta, the civil forfeiture regime is governed by the Victims Restitution and Compensation Payment Act (the “VRCPA”). This legislation targets property that has been derived from or used to engage in unlawful activity. The Alberta government has used this legislation to seize millions of dollars as well as homes and vehicles.
Questions and help on Civil Forfeiture
How Civil Forfeiture Cases Work
Civil forfeiture cases are initiated when the Saskatchewan Civil Forfeiture Program believes that certain property should be forfeited because it is connected to unlawful activity.
Key aspects of the process include:
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Originating Application — the formal start of the legal action against the property
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Restraint or Restraint Order — early court orders that prevent you from selling or moving the property
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Affidavits and Evidence — sworn statements from law enforcement or civil forfeiture officials outlining the basis for forfeiture
These proceedings take place in the Court of King’s Bench in Saskatchewan and are governed by civil rules of evidence and procedure rather than criminal law standards.
Civil Forfeiture vs. Criminal Forfeiture
Civil forfeiture is distinct from criminal forfeiture:
Civil Forfeiture
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No criminal charge or conviction is required
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Proceedings are against property, not an individual
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Standard of proof is generally balance of probabilities (civil)
Criminal Forfeiture (via Criminal Code)
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Requires a criminal conviction
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Property may be forfeited as part of sentencing
Because of these differences, civil forfeiture can proceed independently of criminal cases — and sometimes at a much earlier stage.
Why You Need a Regina Civil Forfeiture Lawyer
Civil forfeiture proceedings can move quickly and have serious consequences for your financial well-being. The government may argue that your property is connected to unlawful activity — even if you have not been charged with a crime.
A civil forfeiture lawyer with experience in Saskatchewan can help you:
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Understand the legal basis for the government’s claim
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File prompt responses and Notices of Dispute
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Challenge restraint orders
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Argue that your property was not acquired by unlawful activity
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Navigate the unique procedural rules in civil forfeiture court
Without strong legal representation, you risk losing valuable property merely because the standard of proof is lower than in criminal cases.
What Happens after a Property Is Seized
After property is seized and an application is filed:
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You receive notice of the proceedings
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A Notice of Dispute must usually be filed within a strict deadline
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Courts consider whether the property should be forfeited under the applicable Saskatchewan legislation
If you fail to respond or participate in the proceedings, the court may order the property forfeited permanently. That is why acting quickly and consulting a civil forfeiture lawyer in Regina is essential.
How Civil Forfeiture Can Affect Criminal Matters
Even if you are facing separate criminal charges, civil forfeiture proceedings can intersect with your criminal defence strategy. Evidence used in civil proceedings may be related to evidence in a criminal case, and legal errors in one case can impact outcomes in another.
A lawyer with experience in both criminal and civil forfeiture law understands how to coordinate strategy across both types of cases and protect your rights in each.
Speak With a Regina Civil Forfeiture Lawyer
If you have been served with civil forfeiture documents in Regina or Saskatchewan, you should seek legal advice without delay.
📞 Call or Text: 306-631-3133
Merv Nidesh, K.C. represents individuals in civil forfeiture matters and can help you understand your options and build an effective dispute strategy.
