Pubdate: Thu, 20 Nov 2008
Source: StarPhoenix, The (CN SN)
Copyright: 2008 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: James Wood

SASK WITNESS PROTECTION ACT AID TO POLICE: WEIGHILL

REGINA -- The Saskatchewan Party government introduced two anti-crime
bills Wednesday it says will increase the province's role in combating
organized crime.

The Seizure of Criminal Property Act 2008 will streamline the process
in place since 2005 of applying for forfeiture of property that is the
proceeds of, or used for, unlawful activity. It will allow the Crown
to apply directly to the courts, rather than leaving it up to police
services.

Saskatoon police Chief Clive Weighill, who attended the government's
news conference at the legislature, said the bill will be helpful
because there have been times when the police have not made
applications.

But the more important piece of legislation, he said in an interview,
was The Witness Protection Act, 2008, which will see the province set
up a program and $500,000 fund to pay for protection of witnesses.

"It happens time and time again where witnesses are intimidated. Right
now the burden is on the municipality. We have to tie up our major
crime investigators, putting people up in hotels, putting people up in
safe houses, buying their meals, taking care of them, all at the
expense of the municipality. Now this will be at the expense of the
province so really it frees us up to go above and beyond and really
take care of those witnesses," said Weighill.

Weighill said such situations of witness intimidation are on the rise
and occur almost monthly in Saskatoon.

Corrections, Public Safety and Policing Minister Darryl Hickie said
the legislation will help deal with gangs and is aimed at short-term
situations that don't require the more extreme measures offered by the
RCMP's federal witness protection program, such as identity change and
permanent relocation.

But he said the program could send witnesses out of
province.

Meanwhile, both the province's existing and proposed new laws around
seizure of property could face a bumpy ride.

Just last week, the Supreme Court of Canada heard the case brought by
a former Ontario university student arguing that the provinces do not
have the constitutional power to seize the proceeds of crime.

Seven provinces have such laws and eight provinces -- including
Saskatchewan -- sought intervener status on Ontario's side in the
case, in which the court has reserved judgment.

Justice Minister Don Morgan said he believes the concept behind the
legislation is sound and will be upheld by the Supreme Court.

The law allows for civil proceedings to take place even before
criminal trials are complete but Morgan said individuals would have a
reasonable opportunity to assert the claims to their property in the
Court of Queen's Bench hearings.

While the potential application is broad, the province will make sure
the right people are being targeted with the legislation, he said.

"Criminals must not prosper from criminal activity," said
Morgan.

After paying administration costs for the cases, any money left over
will be split between funds for victims and aid for police services.

There has been only one forfeiture under the existing legislation,
with the Saskatoon police seizing $26,000 in cash from an individual
with a long drug-trafficking history.

NDP justice critic Frank Quennell said the Opposition supports the
measures but calls them continuations of actions taken by the previous
NDP government, which introduced the 2005 law on seizure of property.
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