Seize Vehicles Used to Stalk

Summary#

• This Manitoba bill adds new, tougher rules for stalking (criminal harassment) when a vehicle is used to do it.

• It lets police seize and impound vehicles right away, adds longer impound times for repeat cases, allows lifetime driving bans for repeat offenders, and can permanently take a vehicle after multiple offences.

• Key changes:

  • Defines stalking with a vehicle as a specific offence under the Criminal Code.
  • Police must seize and impound a vehicle being used to stalk someone.
  • Standard impound is 30 days; if there was a prior seizure for stalking within 10 years, impound is 90 days.
  • On conviction, driver’s licence is suspended: 6 months for a first offence in 10 years, 1 year for a second, and lifetime for a third or more in 10 years.
  • After a third stalking offence in 10 years using a vehicle, the vehicle can be permanently taken by the government (forfeited).
  • Off-road vehicles (like ATVs) are included; stolen vehicles are excluded from these sanctions.
  • Takes effect 90 days after it is signed into law.

What it means for you#

• Victims and survivors of stalking

  • Police (peace officers) can take the stalker’s vehicle on the spot if they find it is being used to follow, watch, or harass you.
  • Repeat offenders face longer impounds, licence suspensions, and can lose their vehicle for good, which may reduce repeat stalking.

• Drivers who stalk using a vehicle

  • Your vehicle can be seized and impounded right away for 30 days; 90 days if there was a prior stalking-related seizure in the last 10 years.
  • If you are convicted, you cannot drive for 6 months (first in 10 years), 1 year (second), or for life (third or more in 10 years).
  • On a third stalking offence within 10 years using a vehicle, the government can permanently take your vehicle.
  • These rules also apply if you use an off-road vehicle; they do not apply to a vehicle that is stolen.

• Vehicle owners who weren’t driving

  • Your vehicle can still be seized if someone else uses it to stalk.
  • You can ask to get it back if you could not reasonably have known the driver would use it for stalking (an “innocent owner” protection).

• Police and courts

  • Police must seize vehicles used in stalking when they discover the offence.
  • With a court order, police can enter a building or place to seize a vehicle used in the offence.

• Timing

  • Licence suspensions apply only for offences committed after the law takes effect.
  • The look-back periods for repeat actions are up to 10 years.

Expenses#

Estimated annual cost: No publicly available information.

• Possible costs include more vehicle impounds, storage, and hearings.
• Any fine or forfeiture proceeds are not detailed in the bill.

Proponents' View#

• This will better protect people from stalkers who use cars to follow, watch, or harass them.
• Immediate seizure takes away the tool (the vehicle) and can stop harm before it escalates.
• Clear, rising penalties and a possible lifetime driving ban deter repeat offenders.
• Including off-road vehicles closes a gap that stalkers could exploit.
• Innocent owners have a path to get their vehicle back, which helps fairness.

Opponents' View#

• Seizing a vehicle based on an officer’s discovery before a conviction may raise due process concerns.
• Lifetime driving bans and permanent loss of a vehicle may be too harsh or disproportionate in some cases.
• People who share cars or rely on driving for work could face severe knock-on effects.
• Owners who lend cars could still face seizure hassles even if they were not involved.
• Added enforcement and storage may strain police and impound resources.