THESE LAWS ARE A BUST

THE many anti-gang statutes that the Doer government has struck since
1999 have all declared war on organized crime. The laws target bikers
and gang members where they live, play, do business and even what
they wear. The results, however, show the laws themselves are a bust.

Rather than concede defeat, Justice Minister Dave Chomiak intends to
tweak the laws some more in hopes they will work somehow, eventually.

Mr. Chomiak is taking his cue from his predecessor, Gord Mackintosh,
who never saw a proposed law he didn't like. Under Mr. Mackintosh,
Manitoba introduced a half-dozen statutes to battle street and biker
gangs, many of whom have escaped harsh criminal sanction because the
case fell apart or evidence could only support a lesser charge. There
are ample criminal laws to battle organized crime, but Manitoba's
attempts to use conspiracy charges have foundered. A $4-million
courthouse constructed by the former Tory administration was closed
by Mr. Mackintosh after the only conspiracy case fell apart prior to
trial. Mr. Mackintosh then spent $100,000 to refit a courtroom at the
Law Courts for mega-trials, but its only case fell apart last year
when Indian Posse gang members plea-bargained. The courtroom has
since been stripped of its Plexiglas and the additional prisoner's box.

A provincial news release said last week the Safer Communities and
Neighbourhoods Act has closed down more than 200 drug, sniff and
prostitution houses since 2002. Originally designed to clip an
anticipated explosion of meth labs in the city, it has never been
used for such a purpose. The act was broadened to cover other
activities and eight investigators have fielded neighbourhood
complaints about 1,182 operations, such as drug dens, brothels and
places where young children appear to go to party with an adult. One
in six homes complained about has been shut down with a law that
pivots on a lower burden proof than is required in criminal cases.
Landlords are notified of a complaint and are told civil action may
be started to padlock the premises for up to 90 days if the tenants
are not evicted. Few bother to fight. In only one case did
investigators go to court for a public safety order.

Beyond the 200 houses "shut down," little has been accomplished for
all the laws at the minister's disposal. No biker has been fined
under the Liquor Control Act for wearing club colours in a bar, nor
have any gangs had their clubhouses shut down under the Fortified
Buildings Act. No property has been seized under the draconian
Criminal Property Forfeiture Act, which forces people to prove they
did not gain an asset from the proceeds of crime. After more than six
years of hammering away at the bad guys, Manitoba's violent crime
rate still sits at the top of the list among large Canadian cities.

Mr. Chomiak is undeterred. He plans to amend the forfeiture act so
that police officers are not tied down with the tedious task of
collecting evidence. That work will go to another special unit of
investigators. Mr. Chomiak wants Ottawa to make it easier on police,
prosecutors and judges to outlaw gangs by listing within the Criminal
Code those groups involved in organized crime.

Mr. Chomiak may favour outlawing individuals and clubs from
associating, but that would trample a fundamental freedom. Any club
outlawed could just as easily change its name as soon as it was
written onto the list. Criminals can be crafty. This might explain
why the number of johns heading to the province's "john school" has
fallen over the years. No one has suggested men no longer buy the
services of prostitutes. Rather, what is being noticed is that
prostitutes have moved into dingier corners and darker shadows to
dodge police. This puts sex trade workers at greater personal risk,
but the clients keep coming.

Mr. Chomiak's laws have sucked up a lot of money but failed to cut
the activities of organized crime in Manitoba. No manner of tweaking
can make a fragile provincial statute a substitute for strong police
work that collects evidence supported by solid criminal law. Good law
targets what people do, not who they are. That is what Manitoba's
courts, cops and prosecutors should do.