Pubdate: Thu, 27 Nov 2003 Source: Winnipeg Sun (CN MB) Copyright: 2003 Canoe Limited Partnership Contact: http://www.fyiwinnipeg.com/winsun.shtml Details: http://www.mapinc.org/media/503 Author: Frank Landry Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) GANG PROFITS TARGETED Proceeds of crime law introduced Proposed gang-busting legislation will take the profit out of crime, vows Justice Minister Gord Mackintosh. Yesterday, Mackintosh introduced the Criminal Property Forfeiture Act. The proposed NDP legislation would give cops the power to apply for a court order to seize property either bought with profits from crime or used to commit crime. Mackintosh said the property could include real estate, cash, cars, boats or equipment used for drug operations. "Manitoba has been recognized as having the toughest anti-gang legislation," Mackintosh said. "This is an add-on." Under the proposed legislation -- which Mackintosh said would be a first in Canada -- police could apply to a Court of Queen's Bench for a forfeiture order. Property owned by a gang member would be presumed to be the proceeds of crime unless proven otherwise. The proposed legislation relies on civil law, rather than the more rigorous criminal law, which falls under federal jurisdiction and makes it more difficult to prove guilt. ONE OF 'MANY TOOLS' "This legislation assumes that if you're a gang member, your property is the proceeds of crime," Mackintosh said, adding he believes the proposed law would withstand a constitutional challenge. Bill Robinson, chief superintendent for the RCMP, said this will be one of "many tools" cops have to clamp down on crime. "I think it has to be viewed as a work in progress," Robinson said of the legislation, which must still be scrutinized in the Legislature and at public hearings. Under the law, forfeited items would become property of the Crown. The province must sell the items and use the money for crime prevention initiatives, to help victims of crime or to fund Legal Aid Manitoba. - --- MAP posted-by: Josh