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Government of Northwest Territories

Civil Forfeiture Survey

Introduction

The Government of the Northwest Territories (GNWT) is inviting residents to share their views on the Civil Forfeiture Act.

The GNWT wants to hear how this approach could affect communities, what benefits or challenges it might create, and what safeguards residents feel are important. Your feedback will help shape how this proposal moves forward to the Legislative Assembly.

It should take about 5–10 minutes to complete this survey, which is open to all NWT residents.

By completing this survey, you agree that your responses may be used anonymously to inform GNWT’s policy development.


Privacy Notice

This information will be used to support public engagement on proposed community safety legislation, including the Safer Communities and Neighbourhoods (SCAN) Act and the Civil Forfeiture Act. The privacy provisions of the ATIPP Act protect any personal information collected.

If you have questions about the collection of this information, please contact: Maggie Hawkes, Manager, Policy and Planning, Department of Justice by phone at 867-767-9256 ext. 82090, by email at maggie_hawkes@gov.nt.ca, or by mail at P.O. Box 1320, Yellowknife NT, X1A 2L9.

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Civil Forfeiture Act

About the GNWT’s Proposed Civil Forfeiture Legislation

Civil forfeiture is a legislative tool that would allow the GNWT to apply for a court order to freeze and forfeit property where there is evidence the property was gained from, or used to carry out, a crime that is profit-motivated, likely to be used to commit crimes or result in bodily injury.

Property includes real and personal property like, cash, vehicles, real estate, jewelry, and other valuables.

The purpose of civil forfeiture is to take the profit out of crime and to deter individuals from committing more crime.

Any forfeited cash or any funds generated through the sale of forfeited property could be put towards compensating and supporting victims, supporting community programs and crime prevention initiatives to make communities safer. The GNWT would also be able to recover costs and expenses that the GNWT incurs from civil forfeiture.

In certain cases, the GNWT could seek forfeiture through an administrative process. In these cases, a court hearing is not required unless the owner(s) of the property challenge civil forfeiture.

Where the owner(s) of the property oppose civil forfeiture, they and the GNWT representatives would attend a court hearing. 

If civil forfeiture goes to a court hearing and the judge finds the property was gained from or used to carry out a crime, the judge can order that the property be:

  • Returned to a person who has proven they were not involved in the crime or didn’t know their property was gained from or used to commit a crime.
  • Returned to the victim of the crime.
  • Sold, with the proceeds of sale being used to compensate victims of crime or creditors.
  • Forfeited to the GNWT, to be used to support community programs and crime prevention initiatives, and recover costs and expenses related to the proceeding.