Pubdate: Fri, 30 Sep 2005
Source: Tri-City News (CN BC)
Copyright: 2005, Tri-City News
Contact:  http://www.tricitynews.com/
Details: http://www.mapinc.org/media/1239
Author: Jeff Nagel

AG PLEDGES TOUGHER CRIME PROCEEDS CONFISCATION LAW

Criminals And Lawyers Won't Be Able To Tap Seized Assets

Mayors and councillors pressed provincial cabinet ministers Wednesday 
to explain why B.C. has been so slow to hit criminals in their 
wallets by seizing illegally acquired property.

"We're not tough enough on major criminals," Courtenay Coun. Larry 
Jangula told a public safety panel discussion during the Union of 
B.C. Municipalities convention.

He pointed to crystal meth lab operators in particular.

"These people have the ability to seriously damage people forever," 
he said. "We never hear of maximum sentences. It's common knowledge 
all across North America that B.C. is the softest on all drug 
offences that there is."

Jangula noted existing federal law regulating seized criminal assets 
has a major loophole.

"The lawyers have first crack at getting whatever money comes out of 
that and often there's nothing left over," he said.

Attorney-General Wally Oppal confirmed the Criminal Code "for some 
reason" lets the accused and their lawyers apply to use the assets 
for reasonable legal and living expenses.

But he said the province has introduced its own Civil Forfeiture Act 
to short-circuit that provision and bar criminals and lawyers from 
tapping the money. Instead it will go to crime prevention and victim 
assistance.

"The best way to deal with drug dealers is to seize their assets," 
Oppal said. "Some of us have been saying that for years. This 
government listened to that and responded to that."

The bill hasn't yet become law and Victoria is carefully watching the 
status of a similar Ontario law to see if it survives legal challenges.

Oppal said he and others in the justice system have long wondered why 
police in B.C. don't seize much property but added the law may help.

Solicitor General John Les applauded local bylaws in Surrey and 
Abbotsford that have proved an effective means for shutting down 
marijuana grow ops.

Local authorities post inspection notices on suspected grow houses, 
often forcing cultivators to quickly move and home owners to undergo 
expensive renovations.

"The objective here is to hit them in their pocketbook," Les said, 
adding the technique doesn't usually yield charges. "It means for a 
lot of these people, crime isn't going to pay any more."

He also applauded successful strategies in places such as Maple Ridge 
and Mission to tackle the problem of crystal meth.

Oppal also found himself under attack for the Liberal government's 
move in its previous term to shut down courthouses as a cost-saving measure.

Councillors from Sidney and Langley said their citizens, and in some 
cases their police officers, spend too much time commuting to distant 
courthouses.
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MAP posted-by: Elizabeth Wehrman