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News (Media Awareness Project) - CN AB: Column: Bill 50 Is Set To Take The Air Out Of Drunk Drivers' Tires As Pro
Title:CN AB: Column: Bill 50 Is Set To Take The Air Out Of Drunk Drivers' Tires As Pro
Published On:2008-11-27
Source:Calgary Sun, The (CN AB)
Fetched On:2008-11-27 15:12:55
BILL 50 IS SET TO TAKE THE AIR OUT OF DRUNK DRIVERS' TIRES AS PROPERTY USED
TO COMMIT A CRIME CAN BE SEIZED AND SOLD

Somewhere in Alberta, sometime in the near future, a drunk driver is
going to lose his car -- not for the night, not for a few days, but
forever.

Gone, sold, no more car.

That's the theory and, at least for now, it's the law.

Drunk-driving deterrence is what Minister of Justice Alison Redford
hopes is one result of a weighty piece of legislation called the
Victims Restitution and Compensation Payment Act, more easily stated
as Bill 50.

Passed by the Alberta legislature on Tuesday, Bill 50 amends the
existing rules to allow courts to seize and auction property connected
to crime.

That's crime, as in any crime -- and that's what has the teeth of this
particular law jutting out like the fangs of a sabre-tooth tiger.

If it's deemed a criminal act in Alberta, any property associated with
said behaviour is fair game to be taken away and sold.

That includes possessions purchased with the proceeds of crime, or
anything used to commit a crime -- homes and vehicles being the
big-ticket targets of the new program.

And while drug suppliers and gang members are the big-ticket crooks
with the most to lose, Redford says all criminal activity committed in
Alberta falls under the legislation.

If you are caught driving drunk, your vehicle can be seized as
property used to commit a crime, and auctioned off by the court.

"It's anything that's considered criminal -- so drunk driving, yes, it
could be used for that," said Redford.

The minister says the question now is not whether such cars will be
seized, it's whether the courts will rule the seizures fair under the
new legislation.

"It's up to the courts -- right now, we're beginning to test the
boundaries," said Redford.

Fair won't be a word coming from the mouths of people stung by the
law.

Tested to the highest courts in other provinces, the law allows
property to be sold off without a conviction, as long as the court
rules it is connected to a crime.

A loaded handgun and a bag of crack found on the back seat of an SUV
is enough for a court to decide the vehicle is connected to criminal
activity, even if no one is ever charged.

Alberta's auction block is going to be busy.

Assuming the courts are on the side that wants to deter drug dealers,
gang shootings, armed robberies and drunk driving, Alberta stands to
make a lot of money from Bill 50, as the bad guys' assets are liquidated.

In B.C., a similar law has resulted in numerous seizures, many
involving drugs.

Just yesterday, RCMP in the Okanagan announced that forfeiture
proceedings are underway for six properties worth a total of $3 million.

The homes were used for a massive marijuana grow operation, bringing
the total number of houses seized in the Vernon area to 13 since
B.C.'s law passed two years ago.

Other provinces, including Ontario, allow the cash raised through
proceeds of crime to be funnelled directly back into law enforcement
- -- new police, equipment and the like.

But not in Alberta, because Redford said the idea of police being able
to directly profit from criminal arrests makes her uneasy.

"It's clearly a conflict of interest," she said.

Some may call this shortsighted -- more police means fewer victims,
but the minister says police aren't going to see a dime.

That's not to say they won't benefit, says Redford -- the power to
financially impact criminals is a major weapon.

"It gives police a tool to stop criminal activity as it happens," said
Redford.

"It allows us to reach further, take profit out of crime and remove
the instruments that have enabled criminals."

In Alberta, the money will go towards victim assistance and
restitution, as well as pre-emptive programs, such as those aimed at
keeping young Albertans out of gangs.

Redford said the remaining cash will be used creatively to help
prevent crime, and ideas are arriving on her desk daily, including
having the people hurt by crooks speaking directly to young Albertans.

"One of the thoughts is around community-police partnerships, where
the victims of crime go into schools to speak to students," said Redford.
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