ALBERTA TO USE CIVIL COURTS TO SEIZE PROCEEDS OF CRIME

Legislation Allows Redress For Victims Of Crime

Alberta is set to become one of the first provinces to use the civil
courts as a way of seizing proceeds of crime without having to obtain
a criminal conviction.

The provincial government is waiting to see how a similar law in
Ontario stands up to a constitutional challenge before giving final
proclamation to the Victims Restitution and Compensation Payment Act,
but Alberta Justice has already assigned a prosecutor to find
potential cases once it becomes law.

"It's a pretty strong piece of legislation," Justice Minister Dave
Hancock said in an interview. "There are a lot of different ways to
fight crime, and one of the ways is to take the profit away."

Alberta's legislation, which was passed in 2001, and similar bills
planned in other provinces appeal to justice officials in part because
the burden of proof in civil court is less stringent than in criminal
court.

While criminal prosecutors must prove their case beyond a reasonable
doubt, a civil case can be won on a balance of probabilities.

That distinction concerns activists who say civil proceedings could be
used to take property from people who haven't been convicted of any
crime.

"It's somewhat troubling," said Stephen Jenuth of the Alberta Civil
Liberties Association.

The provincial legislation also raises a jurisdictional issue, added
Jenuth, because the federal Criminal Code and the Controlled Drugs and
Substances Act each have provisions allowing authorities, upon
conviction, to seize property that is believed to be the proceeds of
the offence.

"The province should stick to its jurisdiction. This is really using
the issue in a political manner to curry favour with people," Jenuth
said.

While there is crime-fighting value to Alberta's legislation, Hancock
stressed its main purpose is to allow redress for victims of crime who
shouldn't have to bear the expense or time commitment of launching a
civil lawsuit on their own.

The legislation allows the Crown to seize property gained through
illegal activity and return it to specific victims, as in the case of
a fraud or financial crime.

In the case of drug or prostitution-related offences where there may
not be individual victims, assets forfeited to the Crown can be put
into victims assistance programs instead.

"The law is always a balance between the rights of an individual and
the rights of society," Hancock said. "In crime fighting, you have to
have a balance in favour of a safe community and in the victim's
favour as well."

Since Ontario proclaimed its Organized Crime and Other Unlawful
Activities Act in 2002, prosecutors have recorded more than 50 civil
forfeitures and recovered millions of dollars.

Prosecutors recently were able to recover $300,000 in a fraud case and
the money will be distributed among victims who have already been
identified. Officials are trying to locate other potential victims
through newspaper ads.

"We're pretty sure the victimization was more than $1 million, but we
got all we could," said Jeffrey Sinser, a legal director with the
Ontario attorney general's office.

The law has withstood one court challenge and is the subject of a
constitutional challenge now before Ontario's Superior Court.

"It's been an effective tool, and law enforcement loves it," Sinser
said.

Police officers and prosecutors aren't the only ones championing civil
forfeiture legislation: the country's grocers see it as a potential
tool for recovering some of an estimated $1 billion lost annually
through theft and shoplifting.

Like Alberta, Manitoba has a civil proceeds of crime law awaiting
proclamation. British Columbia Solicitor General Rich Coleman said
last week his government plans to introduce its own legislation this
fall or next spring.