ABSTRACT
This chapter demonstrates areas of overlap between our criminal and non-criminal law systems, bringing to light the non-criminal courts' growth in powers and ability to govern the moral public sphere much like our criminal court system. It demonstrates some of the ways legislation and administrative court processes can be used to reinforce pre-emptive logics and precaution through a study of civil forfeiture legislation and the expanding scope of peace bonds. The chapter begins by introducing civil forfeiture and outlining the theoretical framework allowing for the formation of provincial forfeiture legislation. The Civil Remedies Act was challenged, but ultimately the Supreme Court of Canada and all lower courts concluded that the legislation was enacted pursuant to provincial property rights and civil rights powers, as the goal was suppression of crime and compensating victims. The extent of peace bond legislation was again expanded with section 810.01, in efforts to address fear originating from a criminal-organization construct.
