How do I get my car back?

The owner of the vehicle will get their car back, if:

• everyone who was in the car at the time of seizure is enrolled in a designated prostitution offender program (john school);
• the owner posts the full value of the vehicle by cash or security with the official to stand in stead of the vehicle and be subject to the same forfeiture provisions;
• no one is convicted of a prostitution-related offence;
• no charges are laid in a timely fashion;
• the seizure was made in error;
• the secured party had an interest registered at Personal Property Registry prior to the seizure;
• the vehicle was reported stolen at the time it was seized;
• the court is persuaded that continued seizure would cause extreme hardship to someone other than the offender, or seriously threaten the health of a person;
• the court is persuaded that the vehicle was being used without the knowledge and consent of the owner or that they could not reasonably have known the vehicle was being used to commit an offence; or
• there are any other grounds justifying release and it is not contrary to the public interest.

The owner can also get their vehicle back if every person in the vehicle at the time of the seizure enrolls in an approved "john school" program. Persons charged with offences under s.212(2.1) or s.212(4) of the Criminal Code are not eligible to enroll in this program, because these offences involve children. Repeat offenders are not eligible for participation nor are those who have a significant or serious criminal history. John School is offered in Saskatoon, Regina and Prince Albert. Individuals will be required to attend the program at one of those locations, regardless of where they live.

Penalties under VISE vary.  They range from a fine of up to $2,000 or jail for up to 14 years. The serious offence of procuring a person under 18 years of age into prostitution under s.212(2.1) has a minimum penalty of five years in jail.

Until the charge is disposed of or the vehicle is otherwise released, it will be held by a garagekeeper under The Garagekeepers Act. If a person is convicted of an offence, the vehicle will be forfeited to the Crown. The vehicle will be seized, and the proceeds of the sale applied to pay the costs of seizure. The remainder of the proceeds will become income for the government. If, at some point, the garagekeepers fees approach or exceed the value of the vehicle, the vehicle may be sold to ensure payment of the fees.

If no one is convicted of an offence, the Act provides that the department may pay all of the costs and fees associated with the seizure or may repay the vehicle owner if he or she has already paid those fees. It also provides that the department has the discretion to pay fees or reimburse the owner when a vehicle is released under certain circumstances and where payment or reimbursement is appropriate in the particular situation.

The prostitutes will face charges, in some cases. In many cases, they may be eligible to participate in alternative measures programs designed to assist them in exiting the streets. Operation Help is one such program. Where a child is involved, police will work with social services to develop a response that keeps the child safe and helps them leave the street.