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Controversial Crime Bill Blocked By NDP
Pubdate: Sat, 25 Jun 2005
Source: Windsor Star (CN ON)
Copyright: The Windsor Star 2005
Contact: http://www.canada.com/windsor/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Cristin Schmitz, CanWest News Service
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
CONTROVERSIAL CRIME BILL BLOCKED BY NDP
Party Doubts Constitutionality, Wants More Time For Study
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.
Hear Witnesses
He said the NDP has doubts about the constitutionality of the 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.
Only Justice Bills Pass
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 about the proceeds of crime bill.
They say it 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 lawyer and MP for the
riding of Windsor-St. Clair.
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