Pubdate: Sat, 25 Jun 2005
Source: Winnipeg Free Press (CN MB)
Copyright: 2005 Winnipeg Free Press
Contact:  http://www.winnipegfreepress.com/
Details: http://www.mapinc.org/media/502
Author: Cristin Schmitz, CanWest News Service
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

PROCEEDS OF CRIME BILL TO BE DELAYED

New Democrats Want To Hear Witnesses

OTTAWA -- The NDP has stymied the plans of other federal parties to 
fast-track into law a controversial bill that would make it easier to 
forfeit to the Crown the assets of convicted gang members and drug traffickers.

NDP justice critic Joe Comartin confirmed he informed the government 
Thursday his party won't join with the Liberals, Conservatives and 
Bloc Quebecois to give the necessary unanimous consent to push the 
proposed proceeds of crime bill through all stages next week.

He said the NDP has doubts about the constitutionality of the 
proposed proceeds of crime bill tabled by the government last month, 
and wants the Commons justice committee to take the time to hear 
witnesses on the bill.

If passed, the law would force those convicted of organized crimes or 
several serious drug offences to demonstrate that it is more likely 
than not that their assets are not the proceeds of crime, or see 
their property forfeit to the Crown.

The proposed procedure would shift the normal burden of proof from 
the prosecution to the defence, a move usually frowned on by the 
Supreme Court of Canada.

Comartin said the earliest the bill is likely to be studied by the 
justice committee is next fall. That means the only justice bills 
expected to pass into law before MPs flee Ottawa for their summer 
recess are the same-sex marriage bill now before the Commons, and the 
child pornography bill currently in the Senate. Left to languish 
until the fall are bills to decriminalize marijuana, boost judges' 
salaries, toughen the antiquated animal cruelty laws, and to 
authorize drug impairment testing of motorists.

Comartin said academics, defence lawyers and the Canadian Bar 
Association have expressed concerns to him that the proceeds of crime 
bill covers too many crimes and could have unforeseen consequences. 
He wants to assure himself the bill would survive Charter attack.

"The last thing we need is more litigation to the Supreme Court on 
criminal law matters," said Comartin, a Windsor, Ont. lawyer. "The 
bill is complicated in terms of the impact it's going to have, and 
the responsibility it is going to impose, on (the offender's) family 
or business associates"
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MAP posted-by: Beth