Pubdate: Tue, 25 Oct 2005
Source: StarPhoenix, The (CN SN)
Copyright: 2005 The StarPhoenix
Contact:  http://www.canada.com/saskatoon/starphoenix/
Details: http://www.mapinc.org/media/400
Author: Darren Bernhardt
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

ANTI-GANG LAW ANOTHER TOOL FOR POLICE: SABO

Saskatchewan became Canada's second province to enact a specific
antigang law with the proclamation Monday of the Criminal Enterprise
Suppression Act.

But the public shouldn't interpret that as an indication of a grave
situation in this province, cautioned Justice Minister Frank Quennell.
Rather, it's just another tool in the law enforcement kit.

"Keeping communities safe is a top priority for this government. We
will not permit this province to become a safe haven for organized
crime or the illegal activity that goes along with it," he said. "I
suspect it (the new law) may be rarely used here, but it is
potentially useful to the police."

Saskatoon police Chief Russ Sabo was more candid about the
issue.

"We recognize we have an organized crime issue in this province and we
are working very closely with the provincial government on a number of
fronts to try and address that," Sabo said. "This legislation is as
much proactive as it is reactive."

The new act is the "next step in this government's ongoing commitment
to creating a hostile environment for organized crime and criminal
activity," stated a government release distributed at a news
conference. To be considered "organized crime" an illegal activity
needs only to involve three or more people, according to Quennell.

The act allows police to take action if the manager or owner of a
business is determined to be a member of a criminal
organization.

The local police chief or head of an RCMP detachment can apply to
court to cancel or withhold provincial tax or liquor licenses required
to operate the business, thereby effectively shutting it down.

The only other province to have such legislation is Manitoba,
well-known for its gang problems. That province even went so far as to
build a brand new, highsecurity courthouse to prosecute such offenders.

Quennell was asked by reporters why Saskatchewan would need to be the
next province to have such a law in place, and whether the gang
problem is more prevalent than the public is led to believe.

"I would like to think that we don't necessarily have a larger problem
(than people think), although we certainly do have a high degree of
gang membership in the province of Saskatchewan," he said.

"I would say that the police chiefs and police leadership that I've
been talking to (during) the past two years that I've been in this job
have been wanting to be creative about what tools we can use. We want
to be responsive."

Sabo welcomed the legislation, noting there is a growing drug problem
in the province and that the next obvious rung in the criminal ladder,
if "business" is going well, is to set up a legitimate business
through which the criminal profits can be hidden.

The new legislation doesn't mean police have a trump card that
overrules individual rights, however, Quennell noted.

"It is important to keep in mind that an application has to be made
and can only be made by the most senior police offi - cer," he said,
noting an order would only be issued if there was enough evidence to
convince the court beyond a reasonable doubt. "And the rules of court
provide that notice be given to those people affected."

Police forces are in the business of gathering evidence, and this new
law provides an additional step to take against criminals, said Sabo.

"And if there is money (retrieved) from the application of this law,
it is my understanding it will go into the victims' fund, which will
benefit all of the people in this province who may be the victims of
organized crime," he said.

The fact that the news conference was held in Saskatoon does not mean
the gang problem is more evident here, even if it is Saskatchewan's
largest city, added Sabo.
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MAP posted-by: Larry Seguin