Pubdate: Wed, 17 Mar 2010
Source: Calgary Herald (CN AB)
Copyright: 2010 Canwest Publishing Inc.
Contact: http://www2.canada.com/calgaryherald/letters.html
Website: http://www.calgaryherald.com/
Details: http://www.mapinc.org/media/66
Author: Jason Van Rassel, Calgary Herald

FALSELY ACCUSED CAN RECOVER THEIR COSTS

Government Plans To Tweak Legislation

The province said Tuesday it will change legislation that allows
authorities to seize property used in crime.

The proposed amendment to the Victims Restitution and Compensation
Payment Act -- which will allow wrongly accused people to sue the
government for costs -- is being introduced along with several other
law and order measures the government previously pledged to implement.

Justice Minister Alison Redford and Solicitor General Frank Oberle
also announced the government will move ahead with a proposed
provincial witness protection plan and a new law allowing police to
seize body armour from criminals.

When the government first passed its law allowing the state to seize
properties allegedly connected to crime, it included a provision that
prevented defendants from recovering their legal costs from the Crown
if they were wrongly accused.

But in a ruling last month, a Queen's Bench justice allowed a
74-year-old woman, Patricia Thomson, to seek costs against the Crown
after prosecutors couldn't prove her son, a fraud suspect, used her
condo for criminal purposes.

The judge's ruling applied only to Thomson's case, but Redford said
the province is changing the law to allow others the same kind of recourse.

"We believe in this legislation and we always said we believe in the
integrity of the court process," she said.

One of the lawyers who challenged the law's constitutionality on
Thomson's behalf said he still thinks the powers it grants the
government are too broad -- but added the amendment at least holds the
state accountable if it wrongly drags someone into court.

"Just like any other civil litigant, the Crown should have to
compensate for that mistake," said Michael Bates.

Approximately $11 million in cars, homes and other property has been
seized by the Crown and is awaiting sale, Redford said, with the
revenue destined for victims of crime or agencies working on their
behalf.

Another amendment introduced by the government will expand victims
eligible for compensation to include municipalities and emergency responders.

The change will allow authorities to recover the costs of handling
emergencies connected to crime, such as putting out fires caused by
illegal marijuana grow operations. 
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