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.''