Pubdate: Tue, 10 Mar 2009
Source: Sundre Round Up (CN AB)
Copyright: 2009 Sundre Round Up Publishing Ltd.
Contact:  http://www.sundreroundup.ca/
Details: http://www.mapinc.org/media/4049
Author: Dan Singleton
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

CRIMINAL PROFITS SHOULD BE FAIR GAME

If a new law that allows the province to seize property and cash from
gangsters works as it should it will make Alberta a lot safer for everyone.

Justice Minister Alison Redford says the Victims Restitution and
Compensation Payment Amendment Act, which has been in effect for the
past two months, is already making life more difficult for organized
criminals.

"I'm confident our new law will have a serious impact on gang
activity," said Redford. "This law has real teeth. If you are involved
in criminal activity, you need to be aware that we have the power to
come and take away your luxury SUV, your home or your bag full of drug
money. You will lose that property."

Under the legislation, proceeds or property from any criminal activity
can be seized and sold. The proceeds from the forfeited instruments of
illegal activity are then used to repair losses and injuries suffered
by crime victims.

Since the law came into effect in January, property valued at more
than $500,000 has been seized. Items seized so far include seven
vehicles and a rural acreage used for a marijuana grow operation.

The resale value of the property seized is more than $500,000, while
the total value of illegal profits is $4.6 million.

While criminal gangs are most active in Alberta's big cities, they are
also increasingly busy in small town Alberta, including right here in
Mountain View and Red Deer Counties.

Make no mistake, whether it's residential break-ins, drug trafficking,
robberies or assaults, gangsters already have their hands in many
criminal enterprises outside Calgary and Edmonton.

And since money is the thing that motivates most criminal activity,
going after the profits of organized crime, whether it's found in big
cities or small towns, only makes sense.

Yet there remains one area of concern: since the new law allows the
government to seize property before any criminal conviction, will the
legislation hold up to the expected court challenges from defence
lawyers? Minister Redford hopes so.

"Our position is that when we believe there is reasonable belief based
on common law and criminal law tests that property that has been used
as an instrument of crime or is likely to be used as an instrument of
crime should be seized," she said.

While Albertans welcome efforts that makes like tougher for gang
members and other organized criminals, they also hope and expect this
new anti-gang legislation to stand up to court challenges.

Hopefully judges will keep in mind not only the right of criminals to
have "bags full of drug money" but also the legitimate concerns of
ordinary law-abiding citizens who only want safer cities and towns.
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MAP posted-by: Larry Seguin