
Roger-Luc Chayer (Image: AI – Gay Globe)
A video is currently circulating on social media showing a police officer from a municipal police service in Quebec, not clearly identifiable, ordering a citizen to hand over all his money under threat of arrest. The citizen, who appears to have done nothing wrong and is in a public space, is repeatedly ordered by the officer to hand over his cash, under the pretext that, according to her, “a reasonable person does not need all this money.”
Using vulgar language that I consider completely inappropriate, the officer goes so far as to threaten to physically harm the individual if he does not comply with her demands. Faced with these threats, the citizen, visibly discouraged, ends up handing over his money, totaling $4000. In an arrogant tone, the officer then tells him that they will count the money together and that she will even give him a receipt.
But what is this story? Have we arrived in Mexico or a country where police officers demand bribes to leave law-abiding citizens alone?
A person has every right to have cash in hand to buy furniture, a car, or even to pay their rent, right?
Quebec’s Law 54 (Law on the confiscation, administration, and allocation of proceeds and instruments of illegal activities)
The law, which received royal assent last March, now criminalizes the mere possession of money, even in the absence of any crime. Previously, it was understood that money seized during the commission of a crime or related to certain crimes, such as drug trafficking, prostitution, fraud, etc., became the property of the state, which did not shock anyone.
But now, the government of Quebec, in Article 18 of Law 54, has decided, without any justification, to criminalize the possession of more than $2000, even if the person has nothing to hide. The law states: “A property is presumed to be the product of illegal activities if it is a cash amount of $2000 or more, whose disposition is incompatible with the practices of financial institutions.”
What does this really mean?
This means that, in the video, a police officer can decide to seize $4000 belonging to an individual walking on the sidewalk, disregarding not only the individual’s reputation but also the consequences this can have on his life. For example, did this person have this money to pay their rent or child support? Were they going to make a deposit on a vehicle or simply pay for a vacation package with their travel agent? Not everyone has a credit card or bank account; many people carry cash because they have no other choice. I know many people who go to the bank to cash their paychecks to pay their bills, without using any cards or transfers.
The law does not mention any limits or criteria required for the police to seize citizens’ money. There is no explanation other than the assertion that a reasonable person does not need more than $2000. The criminalization of individuals is now arbitrary!
The reversal of the burden of proof and the Charter of Rights
Once the money is seized, it is up to the citizen to initiate legal proceedings in court to recover what rightfully belongs to them, and legal fees, along with attorney fees, will likely exceed the seized amount. But what was going through the minds of the elected officials in the Quebec government for such a law to be passed?
Any Canadian wishing to travel to the United States for vacation or business has the right to carry a maximum of $10,000 on them, provided they declare it to customs. Does this mean that for Canadians, it’s no problem, but for Quebecers, they automatically become criminals if they have this amount when going to the United States? By the way, the passport is the same…
And what about the Charter of Rights? In Quebec, every person is protected against unreasonable searches or any other act that would violate the Charter of Rights. This new law seems to directly violate this Charter. Will Law 54 survive the Supreme Court test? I would be very surprised…