Sure hope Civil Forfeiture doesn't work this way in Canada.
It is
If no conviction or finding of unlawful activity
18 In proceedings under section 3 or 14.11, an unlawful activity may be found to have occurred even if
(a) no person has been charged with an offence that constitutes the unlawful activity, or
(b) a person charged with an offence that constitutes the unlawful activity was acquitted of all charges in proceedings before a criminal court or the charges are withdrawn or stayed or otherwise do not proceed.
Determination respecting proceeds of unlawful activity
19 In proceedings under section 3 or 14.11, proof that a person
(a) participated in an unlawful activity that resulted in or is likely to have resulted in the person receiving a financial benefit, and
(b) subsequently did one or more of the following:
(i) acquired the whole or the portion of an interest in property that is the subject of the proceedings;
(ii) caused an increase in the value of the interest or the portion of the interest in property that is the subject of the proceedings;
(iii) caused a decrease of a debt obligation secured against the interest or the portion of the interest in property that is the subject of the proceedings,
is proof, in absence of evidence to the contrary, that the whole or the portion of the interest in property that is the subject of the proceedings is proceeds of unlawful activity as a result of the unlawful activity referred to in paragraph (a).
But I also read a lot about forfeiture Orders. Which make me think it cant just be taken from you. But Im not sure
If I have a gun, the cops can take it, without an order. Its illegal (say a fully auto concealed handgun!)
If I have bear spray at the movies, they will take it, no orders. Its legal, but intent isnt there. So its found as a weapon and taken.
If I have $10,000 and they think Im gonna buy drugs, will they need an order? Its legal, but found to be for illegal use, I assume they would take it.
If I use my rod to poach fish, they would take it. Its legal, but its use was illegal.
From this, I guess its exactly the same. They CAN take what they want, if they think you will use is for an unlawful act. If anyone wants to read and reread the act and clarify, feel free.
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_05029_01