Forfeiture of SUV sought

The BC government is working to seize an SUV and nearly $1,300 in cash from a Kelowna woman after police say she was found with large amounts of methamphetamine and cocaine earlier this year.

In a civil forfeiture lawsuit filed this week, B.C.'s Director of Civil Forfeiture claimed Courtney Kaye was using her 2021 Nissan Rogue to engage in drug trafficking, following an RCMP traffic stop on Kelowna's Glenmore Road on May 11, 2024.

The lawsuit says police located Kaye in her Nissan at the Petro-Canada on the corner of Glenmore and Kane roads, and an officer determined her “ability to operate a motor vehicle was affected by a drug or drugs.”

The suit claims Kaye attempted to run from police, but she was arrested for obstructing a police officer.

Officers then found 94.9 grams of methamphetamine in a black backpack and 138.4 grams of cocaine in a cooler bag within the vehicle, according to the suit, along with $1,295 in cash, “drug paraphernalia,” a can of bear spray a metal bat, and a hatchet elsewhere in the vehicle.

The RCMP seized the vehicle and the cash and Kaye was handed a 24-hour driving prohibition.

But according to online court records, it appears no criminal charges have been laid against Kaye at this time. Court records show no criminal history for Kaye within B.C., although the suit says Kaye has also lived in Saskatchewan.

The Director of Civil Forfeiture claims Kaye was engaged in trafficking drugs when she was arrested and used the Nissan to engage in the “unlawful activity.”

“If the Vehicle and the Money or proceeds from the sale of the Vehicle or the Money, are released to the defendant, they will likely be used for the Unlawful Activity,” the lawsuit states.

Kaye has yet to file a formal response to the civil forfeiture suit. None of the suit's claims have been proven in court.

The Civil Forfeiture Act became law in B.C. in 2005, and allows the government to seize property that's alleged to be connected to criminal offences.

The government can proceed with forfeitures whether or not criminal charges have been laid against an individual. While forfeiture matters are heard in civil court, where the standard of proof is on a “balance of probabilities,” criminal matters are decided on a higher bar of “beyond reasonable doubt.”