BLOC MP's PROCEEDS-OF-CRIME BILL APPEARS CERTAIN TO PASS

If reverse-onus provision respects charter of rights, even Liberals
may back it: Cotler

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 new bill, tabled today 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 belonging to the
person convicted were obtained as a result of criminal activity, the
burden will be on the criminal to prove the goods were earned honestly.

Speaking to reporters yesterday, Marceau said the bill is designed to
cut off the lifeblood of organized crime - cash - and use 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."

Nor does the bill offer 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. "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 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.

"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 Tories, the Bloc and the New Democrats - giving
it the support of a majority of MPs in the house.

Speaking to reporters after question period yesterday, 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 before deciding to throw his support behind it.

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

"This is one of those niche areas of the law where in fact it is
appropriate to apply the reverse onus, to force individuals who have
been clearly convicted of this crime, which is very difficult to
prove, to establish to the satisfaction of a judge that in fact their
possessions were not gotten through criminal sources."