Pubdate: Thu, 27 Nov 2003 Source: Winnipeg Free Press (CN MB) Copyright: 2003 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Mia Rabson Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) BILL TARGETS GANG MEMBERS' PROPERTY Toughest Legislation of Its Kind in Canada: Mackintosh MANITOBA courts could soon order houses and other property owned by recognized gang members to be seized and sold, even if they are not convicted of an offence. Attorney General Gord Mackintosh said the proposed Criminal Property Forfeiture Act, which he introduced in the legislature yesterday, is the toughest of its kind in Canada and puts up a "Gangs Not Wanted" sign in Manitoba's window. "We are very committed to making Manitoba a hostile environment to organized crime," Mackintosh said. The legislation would let police seize the homes, cars, cash and other property of any person, as long as police could persuade a judge that the individual is a member of a criminal organization. The onus would then be on the suspected gang member to prove the assets were earned through legitimate income and not the proceeds of crime. "The legislation presumes that if you're a gang member, your property is the proceeds of crime," said Mackintosh. While he said he's confident the bill can withstand a challenge under the Charter of Rights, the Opposition is doubtful. "I think that it would probably survive only until the first defence lawyer wants to take a stab at it," said Tory justice critic Gerald Hawranik. "I don't think (Mackintosh) has given it a lot of thought." The Manitoba bill is civil in nature and requires a judge to rule based on a balance of probabilities -- a lesser burden of proof. Mackintosh said the bill recognizes that criminal organizations are experts in hiding their money and other assets. It would let police seize assets hidden with third parties. There are safeguards to protect innocent third parties, such as someone who bought a house or car at fair market value from a gang member, not knowing the property had initially been purchased with proceeds of crime. Such people can apply before a judge for protection. Banks that approve a mortgage on a house not knowing the down payment came from the profits of a criminal act are automatically protected and will receive their investment in the house when it is sold. The money earned from selling the seized property would be used to cover court and police expenses in the case, with the remainder going to victim-assistance funds or legal aid. The bill is similar to one in Ontario that allows for the civil forfeiture of criminal profits, but goes beyond it with the assumption that gang members' property is automatically a criminal profit. Mackintosh said about a "dozen or so" of the 560 known Hells Angels members in Canada live in Manitoba, but he said that is "enough of a threat" to warrant this type of legislation. He said laws such as this have been successful in other countries. In New York's Nassau County, so-called legitimate businesses that were actually fronts for gambling or prostitution were shut down under a similar law, and drug dealers who had cruised neighbourhoods in luxury vehicles were put out of business when those vehicles were seized. New Jersey and Ireland have had similar success with this type of law. Manitoba RCMP Chief Supt. Bill Robinson, in charge of the criminal operations division of the RCMP in Manitoba, said the bill is new and experimental, but he believes police can and will be able to use it. "Organized crime is of considerable importance to us. It forms the centrepiece of our mandate across the country," he said. "I think this is going to assist us greatly." - --- MAP posted-by: Richard Lake