NEW TOOL TO FIGHT CRIME

Civil Courts Eyed To Seize Ill-Gotten Gains

Alberta is set to become one of the first provinces to use 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 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 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," 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 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.

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.

"The law is always a balance between the rights of an individual and
the rights of society," Hancock said.

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

Prosecutors recently were able to recover $300,000 in a fraud case.
The money will be distributed among victims.

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," said
Jeffrey Sinser, a legal director with the Ontario attorney general's
office.

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.

"It's an interesting direction (Alberta) is headed in, and it opens
the door to future dialogue," said Bryan Walton, of the Canadian
Council of Grocery Distributors.