Pubdate: Sun, 23 Apr 2006
Source: Victoria Times-Colonist (CN BC)
capital_van_isl/story.html?id=7d229b4a-87b1-4539-a926-03b7cd975c9d
Copyright: 2006 Times Colonist
Contact:  http://www.canada.com/victoriatimescolonist/
Details: http://www.mapinc.org/media/481
Author: Les Leyne, Jeff Rud and Lindsay Kines
Note: With files from Les Leyne, Jeff Rud and Lindsay Kines, Times  
Colonist
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

CIVIL LIBERTARIANS DECRY ASSET-SEIZURE LAW

CRIME WON'T PAY: Pursuing a life of crime just got a little more  
risky in British Columbia.

The provincial government quietly brought into force its Civil  
Forfeiture Act on Friday.

It's a controversial piece of legislation that will enable the  
province to seize assets of suspected wrongdoers without necessarily  
having a criminal conviction first.

The law enables government to go to B.C. Supreme Court and apply for  
a decision to seize and sell goods acquired through unlawful activity.

A decision on whether such a forfeiture order is granted will be made  
by a judge based on the civil court "balance of probabilities" rather  
than on the stricter criminal standard of "beyond a reasonable doubt.''

"This law will help us take the profit out of organized crime and  
other illegal activities, and will also let us help the victims of  
those crimes," Solicitor General John Les said upon enacting the bill.

The legislation will allow assets such as cars, houses and boats to  
be seized and sold. Proceeds will go to compensate victims and  
support crime-prevention programs, among other things.

OBJECTION, YOUR HONOUR: The B.C. Civil Liberties Association, as one  
might expect, is vehemently opposed to the new legislation.

President Jason Gratl said the act is outside the province's  
jurisdiction because the Criminal Code is federal territory.

"The greatest weakness of this legislation is that it will tend to  
penalize a property holder disproportionately, unfairly and without  
just cause,'' Gratl said.

Gratl contends the legislation specifically targets marijuana grow- 
ops and that innocent property owners whose tenants engage in illegal  
activities could risk losing their homes as a result.

The association also argues that the "reverse onus" of the  
legislation will force people to prove their innocence rather than  
prosecutors having to prove their guilt. Innocent people might also  
have to spend thousands on legal fees to keep their property, he said.

UP TO THE COURTS: Victoria lawyer and former RCMP officer Rob Kroeker  
has been named director of a program that will implement and  
administer the new civil-proceeds-of-crime law.

Kroeker said innocent people will not be targeted. The court will  
decide whether forfeiture is justified, not the government, he said.

"You have to prove illegal activity and you have to prove the  
proceeds came through some sort of illegal act,'' Kroeker said.

The B.C. act was modelled after one in Ontario that recently survived  
a challenge in that province's Supreme Court.

"That was at the forefront as the legislation was drafted,'' Kroeker  
said, when asked if the B.C. government is confident its law will  
withstand challenges.

"It was researched very, very thoroughly by government lawyers.''
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