BOLSTERING BAD LAW

MANITOBA'S Justice Minister Dave Chomiak wants Ottawa to write into
law a standing list of organizations that would be considered
criminal, to ease the burden on prosecutors trying to convict gang
members of crimes.

Mr. Chomiak would have Manitobans believe this simply is logical and
practical -- why should a prosecutor have to prove the Hells Angels
is a criminal organization each time an associate is in court?

In fact, this is an attempt to sidestep a prevailing constitutional
threat to the anti-gang laws themselves.

At present, the Criminal Code demands that prosecutors convince a
judge why the club or gang an accused belongs to should be called a
criminal organization. The code reserves stiffer penalties for
offences committed by members or associates of such organizations.
This stomps on the constitutional freedom to associate -- penalizing
someone for the company they keep. The section of the code that
defines a criminal organization has been described by at least one
judge as overly broad and vague, and a risk of catching up groups
most Canadians would not consider gangs.

It also stacks the law against an accused trying to prove his
innocence, a British Columbia Supreme Court judge found last
December. That judge struck down the section targeting the leader of
a criminal organization, finding it can convict someone who had no
idea he was a "boss." Now Mr. Chomiak says prosecutors should not
have to prove a club, in fact, is criminal.

Ottawa's anti-gang laws have secured fewer convictions than Justice
ministers had hoped because judges demand to be convinced by the
facts before penalizing people for the company they keep. Rightly so:
People ought to be punished for the things they do, not for their
associations. Mr. Chomiak, like other Justice ministers frustrated by
the rights of the accused, would rewrite the book to chip away at the
rights of people they suspect might commit real crimes.

That threatens the rights of anyone accused of an offence, not just
those who belong to motorcycle clubs and street gangs.

Mr. Chomiak wants to write a string of new crimes premised on a
standing list of criminal clubs.

At present, police are prevented from arresting burly guys in club
jackets merely for talking to teenagers at playgrounds, but Mr.
Chomiak would change that, for example.

His proposed laws would give police wide latitude to harass gang
members and make the jobs of prosecutors easier. Many charges against
Hells Angels members have fallen apart in Manitoba because police and
prosecutors used anti-gang laws to pursue weak cases. Mr. Chomiak
should not try to strengthen fragile charges by further eroding
constitutional rights.