Pubdate: Thu, 10 Mar 2005
Source: Victoria Times-Colonist (CN BC)
Copyright: 2005 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Cristin Schmitz, CanWest News Service
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

JUSTICE MINISTER TOUTS LAW TO SEIZE PROCEEDS OF CRIME

OTTAWA -- Justice Minister Irwin Cotler says he'll "soon" table an
unprecedented bill in Parliament that would make it easier for the
government to seize and forfeit the illicit property of people
convicted of organized crimes, and possibly other serious offences.

In an interview Wednesday, Cotler confirmed for the first time that
he'll introduce legislation that could be even broader than a sweeping
private member's proceeds of crime bill that was jointly endorsed last
October by the Bloc Quebecois, Conservatives and NDP.

Cotler disclosed his plans a day before the Commons is scheduled to
debate an opposition motion demanding the Liberals table a proceeds of
crime bill by April 30, 2005.

The opposition's proposed joint bill, introduced by Bloc Quebecois
justice critic Richard Marceau, would force people convicted of
serious gang-related offences to prove to a court "that every item of
property owned by that person is not proceeds of crime," failing which
the convicted person's property would be forfeited to the Crown.

"We are working on our proposed legislation," Cotler told CanWest News
Service. We "are going to be tabling legislation on this account ...
which arguably might be broader than even what Mr. Marceau has
proposed and which also seeks to ensure that we comport with any
charter obligations in that regard."

The Marceau bill has attracted controversy because it reverses the
normal burden of proof -- which requires the prosecution to prove its
case -- by forcing people to prove that none of their property was
obtained through organized crime.

Ottawa criminal lawyer Michael Edelson warned that if the government's
legislation looks anything like the opposition bill it will be
challenged by defence attorneys under the charter and could be struck
down as unconstitutional.

"It's an abomination,' argued Edelson. He characterized legislation as
"an abject failure."
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MAP posted-by: Larry Seguin