Pubdate: Sat, 11 Dec 2004 Source: Winnipeg Free Press (CN MB) Copyright: 2004 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) LAW LETS PROVINCE SEIZE PROPERTY Known Gang Members Targeted by Legislation Join a gang. Lose your house. This could be the latest slogan from the Manitoba Department of Justice, which can use a new law to seize property and assets of known gang members, even if they are not convicted of an offence. The Criminal Property Forfeiture Act takes effect today. It allows police to apply to the Court of Queen's Bench for permission to seize property belonging to a known gang member. The law presumes all property of a gang member was obtained through illegal activities. Establishing that someone is a member of a gang requires police to prove on a balance of probabilities the person belongs to a group that is a criminal organization as defined by the Canadian Criminal Code -- a group of three or more people organized for the purpose of committing a serious crime. The onus is on an individual to prove he is not a gang member or to prove the property was obtained through legal means, such as with income tax receipts. That provision has drawn criticism the bill is unconstitutional. Tory justice critic Gerald Hawranik said he thinks the bill is headed for disaster. "Under this legislation, you're guilty until proven innocent," Hawranik said. "Innocent people will have their property seized and sold, and then we're going to have to compensate them." Challenged Hawranik said the bill will be challenged the first time its used, and he is certain the government will lose. Attorney General Gord Mackintosh said his constitutional law experts assure him the bill works within the Constitution. The law is a civil, not a criminal remedy, and therefore the constitutional presumption of innocence does not apply, Mackintosh says. "We will vigorously defend the legislation if there is a challenge," Mackintosh said. "If ministers of justice ran and every time there was a threat of a challenge, we'd not get anywhere," he said. "We have to be innovative and bold." The seized property will be sold and used to fund crime prevention programs, victim assistance funds and legal aid. A federal law already exists that seizes proceeds of crime in punishing convicted criminals. Criminals without gang affiliations are also targeted by the bill, as it also allows police to apply to seize any property bought with profits from illegal activities, or property that will be used to commit crimes. Among the items police could seize are real estate, cash, vehicles, and drug paraphernalia. Police must prove on a balance of probabilities the property will be used to commit a crime, or was obtained by committing a crime. - ---