Pubdate: Mon, 27 Apr 2009
Source: Edmonton Journal (CN AB)
Copyright: 2009 The Edmonton Journal
Contact: http://www2.canada.com/edmontonjournal/letters.html
Website: http://www.edmontonjournal.com/
Details: http://www.mapinc.org/media/134
Author: Trish Audette

GANG BILL MAY BREACH CHARTER: LAW GROUP

The province's latest anti-gang law could breach the Charter of 
Rights and Freedoms, says the vice-president of Alberta's Criminal 
Trial Lawyers' Association.

"It's problematic in a number of respects," city lawyer Deborah Hatch 
said after Bill 42 was introduced in the legislature last week. "It 
captures a whole lot of people here and a whole lot of activity."

If passed, the law would allow police to remove suspected criminals 
from bars and clubs, and give establishments the right to collect 
personal information about their customers to share with police and 
the government.

The bill covers people involved in a range of criminal activity, 
including prostitution, and empowers officers to act based on 
information gathered from reliable sources or "a police officer's 
good faith belief that a person is associated with a gang."

The chances such a law would breach Charter rights of assembly and 
association "really jump out," Hatch said.

She said that under the proposed law, the mother of a prostitute 
could be excluded from a licenced premises.

"If you're thought to be an associate of an associate of a gang you 
could be removed, which I think is pretty outrageous," Hatch said. 
"Guilt by association is really a huge problem with this legislation."

Getting tougher on crime and gangs is a cornerstone of Premier Ed 
Stelmach's promise to make Alberta's communities safer. Last year, he 
promised millions of dollars to boost the ranks of police, Crown 
prosecutors and probation officers across the province.

Justice Minister Alison Redford shepherded the Victims' Restitution 
Act through the legislature last year, with the full support of both 
opposition parties. Now in place, the law allows police to seize 
profits of crime before suspects are convicted. By March, the 
province had collected a number of assets, including a rural acreage 
believed to have been involved in a marijuana grow-operation.

Last week, the government also introduced legislation that threatens 
to seize vehicles and profits from people who don't pay taxes on tobacco.

No politician wants to be seen as being "weak-kneed" on crime, but 
the latest anti-gang tactic has Liberal Kent Hehr wondering if 
Alberta is going too far.

"We seem to be going down a very quick path here of trampling on 
civil liberties in this province," the Calgary-Buffalo MLA said. 
"Some of it may have been warranted, but we're starting to hit the 
thin edge of the wedge here of how far we're going to go."

He said the proposal, an amendment to the Gaming and Liquor Act, is 
likely to meet with challenges ahead.

And it's not the only one.

Hehr says Alberta may have gotten lucky when the Supreme Court upheld 
an Ontario law similar to the Victims' Restitution Act.

"Let's face it, we're playing with fire on that one, too."

He said he hoped the province was getting sound advice on proposals 
before taking the bills to the legislature. "We've always got to be 
worried about being smart bold (versus) just wasting taxpayers' dollars.

As the government ramps up police powers, ministers say they are, 
obviously, getting legal advice.

"There's always the chance that any bill can be challenged in the 
courts," Solicitor General Fred Lindsay said. "We believe that we've 
done proper consulting on (Bill 42) and it's the right thing to do to 
protect the safety of Albertans."

In a statement issued last week, Privacy Commissioner Frank Work said 
he was "dubious" about how collecting the names, ages and photographs 
of patrons would make bars and clubs safer.

But if MLAs pass the law, he agreed to release guidelines for bar 
owners to ensure collection rules are universal.
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MAP posted-by: Keith Brilhart