OTTAWA TO SNATCH PROCEEDS OF CRIME

OTTAWA - Police and prosecutors may soon get a new tool in their
fight against organized crime and biker gangs, making it easier for
them to seize everything from cars to homes of those convicted of
gangsterism.

A bill tabled Thursday by Bloc Quebecois MP Richard Marceau calls for
the burden of proof to be reversed once someone is convicted of
gangsterism. Instead of prosecutors having to prove that goods were
obtained as a result of criminal activity, the burden will be on the
criminal to prove the goods were earned honestly.

Marceau said the bill is designed to cut off the lifeblood of
organized crime -- cash -- and use the proceeds from the sale of goods
seized from criminals to help finance the fight against organized crime.

"Organized crime feeds on the profits it makes, it is the base of its
activity. If the person found guilty loses the fruits of their
criminal activity, can no longer use them, they no longer remain in
their pockets, organized crime will have difficulty continuing and
growing."

The bill does not provide for any exceptions for the spouses or
dependent children of those who commit crimes. For example, officials
would have the right to seize a home of someone convicted of
gangsterism, sell it and turn the proceeds over to the government even
if it means the wife and children of the person convicted would lose
their home as well.

"I don't believe anyone should benefit from criminal activity," said
Conservative justice critic Vic Toews, who supports the bill. "If it's
a wife, if it's a kid, if it is a girlfriend -- nobody should benefit
from an illegal activity. Those are are crocodile tears that I assume
that gangsters will cry from time to time."

However, Toews, a former crown prosecutor, admitted the bill also has
its limits. For example, it wouldn't give authorities any more power
than they have now to seize goods that may be located in another country.

Marceau's bill has the support of the Conservatives, the Bloc and the
New Democrats, amounting to a majority of the House.

"This law does not change that. To the extent they can do it today,
they can do it tomorrow."

While private members bills often fall by the wayside, Marceau's bill
has the support of the Conservatives, the Bloc and the New Democrats
- -- giving it the support of the majority of MPs in the house.

Speaking to reporters after question period Thursday, Justice Minister
Irwin Cotler suggested the bill may get the support of his party as
well.

"We're open to any measures that will assist us in the combatting of
organized crime."

However, Cotler said he wants to ensure the bill respects the Charter
of Rights and Freedoms before deciding whether to throw his support
behind the bill.

New Democrat justice critic Joe Comartin said this is one area in
which reverse onus can be applied without contravening the charter.