SUSPECTED PROCEEDS OF CRIME TARGETED IN B.C. LEGISLATION

The provincial government would be able to seize the houses, cars, cash and
property of suspected criminals even without landing a criminal conviction
under legislation introduced this week in the B.C. legislature.

The Civil Forfeiture Act would put the onus on those suspected of profiting
from crime to prove that their assets had been legally obtained. Otherwise,
a judge would be able to order that those assets be forfeited into the
Civil Forfeiture Account. Proceeds from that account would be used for
crime prevention, to compensate victims of crime, and to cover
administration costs.

Solicitor General Rich Coleman's bill, originally reported last October,
will not be passed this legislative session. Coleman simply introduced the
law and will invite discussion on it while the house is in recess for the
election and summer break.

Coleman said the bill would help the B.C. government "hit back" at
organized crime. It would allow government to apply to civil court to seize
"ill-gotten" assets of crime. He said there could be millions "or even
billions" available to the government through such legislation.

"Let's say you had a grow-op, we've proved you had a grow op, now we're
going to look at all your assets. Prove to us that you bought these with
legal money," Coleman said.

The introduction of the bill caught the B.C. Civil Liberties Association
off-guard. But prior to reading the bill, policy director Micheal Vonn said
Tuesday her group has problems with the idea of such legislation.

"It's almost a reverse onus," Vonn said. "You have to prove that you are
the rightful possessor of property. The suspicion is that this is just an
end-run around all the due process of the criminal process."

Key in this legislation is that the burden of proof would be lower than in
criminal cases.

Forfeiture could occur even if an individual hadn't been charged criminally
or had been acquitted in a criminal process.

Ontario, Manitoba and Alberta already have similar civil forfeiture laws.

Coleman admitted that the legislation, when enacted, would probably be
challenged by civil liberties groups.