PLANNED LAW AIMS AT SUSPECTS' ASSETS

Ontario Wants The Power To Seize 'Crime Proceeds'

Ontario wants to seize cash, cars, houses and other assets from
suspected criminals - even without convicting them - under a new law
introduced in the Legislature.

``The proposed act is a made-in-Ontario strategy to protect victims
and take the profit out of crime,'' Attorney-General Jim Flaherty
told a Queen's Park news conference yesterday.

If passed it would be the first law of its kind in Canada.

The law's introduction was met in some legal quarters with
predictions it would eventually be quashed as unconstitutional.

Flaherty acknowledged there are federal forfeiture laws on the books
but says they are too often unsuccessful because they require
convictions.

``We want to move to seize those proceeds of crime assuming we can
show on a balance of probabilities to a judge that they are proceeds
of crime,'' he said.

The act would:

Allow the province to ask the courts to freeze, seize and forfeit to
the Crown the proceeds of crime as well as property likely to be used
to commit a crime, such a plane that could be used to carry drugs.

Enable the province to launch civil action against two or more people
who conspire to break the law.

Create a special compensation fund for victims of crime, consisting
of seized assets.

Create a special strike force of investigators, civil lawyers and
forensic accountants to take cases to court.

The act would even allow for the seizure of assets from third
parties, such as legitimate businesses used to hide crime profits.

Clayton Ruby, a prominent defence lawyer, said this kind of law will
be challenged as unconstitutional.

He said that seizing property without due process would make Ontario
``a police state.''

Superintendent Chris Lewis, director of the OPP Criminal
Investigation Branch, said the problem with the federal seizure laws
``is you have to have that substantive criminal offence and
conviction.''

``There are many cases that we run into that people have great wealth
. . . and no visible legal means of support and this legislation
would assist us in those cases,'' Lewis said.

Flaherty said it is estimated that organized crime costs the Canadian
economy between $5 billion and $9 billion annually while the value of
money laundered Canada-wide is thought to be between $5 billion and
$17 billion.

``Every day people lose their hard-earned money through fraudulent
activities and conspiracies,'' he said.

Ruby said it is ``very debatable'' the Tory government can pass a law
giving the province power to seize assets when those powers already
exist federally.

``It will be challenged immediately. There is real doubt that he can
do this. It's a backdoor attempt to revise the Criminal Code,'' Ruby
said.

He noted that the province has no power to pass legislation that
conflicts with federal law.

``It makes is easier for police to seize one's home, cars or their
business and I don't think the public wants that. That cannot be
constitutional. That's a police state, that's not Canada.''

Paul Copeland, a Toronto criminal lawyer and activist, also said ``my
expectation is that it is unconstitutional,'' but suggested the
government's proposed law is not as much about dealing with organized
crime as it is ``meant to make them look like a law-and-order
government.''