PROPOSED LAW WILL TAKE CRIMINALS' CASH, CARS AND HOUSES

New Bill Would Cut the Lifeblood of Organized 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 new 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 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 Thursday, 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.

"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 combating 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.

"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."