Pubdate: Fri, 19 Feb 2010 Source: Daily Gleaner (CN NK) Copyright: 2010 Brunswick News Inc. Contact: http://dailygleaner.canadaeast.com/ Details: http://www.mapinc.org/media/3857 Author: Stephen Llewellyn Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) NEW LAW ALLOWS POLICE TO SEIZE PROPERTY WITHOUT CHARGES Fredericton police and other law enforcement officers in New Brunswick are getting a new tool to fight crime. The Civil Forfeiture Act was introduced by Attorney General Kelly Lamrock on Thursday and will allow authorities to apply to seize property acquired or used in illegal activity even if no one has been charged with a crime. It will apply to land, personal property and cash associated with illegal activities up to 10 years old. "It is a very powerful piece of legislation that dovetails very nicely with the crime-reduction strategies that are underway in many New Brunswick communities," said Fredericton deputy police chief Leanne Fitch. She said the legislation compliments the criminal proceeds of crime legislation that was passed a few years ago and it fills the gap between the civil and criminal courts. Fitch said an example would be if a person calls the police and said their neighbour is dealing drugs and an investigation can't result in criminal charges. Authorities can still apply to a court to seize a house, car or computer involved in crime, she said. "The policing community absolutely applauds the efforts of the provincial government in advancing this piece of legislation because it is very important for us," she said. Lamrock said the act will protect innocent persons with interests in the property being forfeited, including lenders and mortgage holders. "You still have to meet a standard of proof in court," said Lamrock. "Prosecutors would have to use it very lightly." If someone steals your car and uses it to commit a crime, you will get your car back, he said. "If there is no reason for someone to know (about a crime) then they're fine," said Lamrock. He said it will impact absentee landlords who do nothing after being warned by police that crimes are taking place on their property. The law will go into effect upon proclamation after third reading, Lamrock said. He's not expecting it to cause an immediate increase in the dollar value of goods seized. Public Safety Minister John Foran said the proceeds will be used for crime prevention, law enforcement, victim restitution and the administration of criminal justice. "This will help to put the proceeds where they are most needed and make New Brunswick a safer place," he said. But York Tory MLA Carl Urquhart said he has major concerns about it. "I think it is just a desperate move on the part of a government just before an election," he said. He said he's a former police officer and believes in enforcement, but he also believes in civil rights and private property rights. Urquhart said the bill should go to the law amendments committee where it can be reviewed. - --- MAP posted-by: Richard Lake