NEW LAW ALLOWS POLICE TO SEIZE PROPERTY WITHOUT CHARGES

Fredericton police and other law enforcement officers in New Brunswick
are getting a new tool to fight crime.

The Civil Forfeiture Act was introduced by Attorney General Kelly
Lamrock on Thursday and will allow authorities to apply to seize
property acquired or used in illegal activity even if no one has been
charged with a crime.

It will apply to land, personal property and cash associated with
illegal activities up to 10 years old.

"It is a very powerful piece of legislation that dovetails very nicely
with the crime-reduction strategies that are underway in many New
Brunswick communities," said Fredericton deputy police chief Leanne
Fitch.

She said the legislation compliments the criminal proceeds of crime
legislation that was passed a few years ago and it fills the gap
between the civil and criminal courts.

Fitch said an example would be if a person calls the police and said
their neighbour is dealing drugs and an investigation can't result in
criminal charges.

Authorities can still apply to a court to seize a house, car or
computer involved in crime, she said.

"The policing community absolutely applauds the efforts of the
provincial government in advancing this piece of legislation because
it is very important for us," she said.

Lamrock said the act will protect innocent persons with interests in
the property being forfeited, including lenders and mortgage holders.

"You still have to meet a standard of proof in court," said
Lamrock.

"Prosecutors would have to use it very lightly."

If someone steals your car and uses it to commit a crime, you will get
your car back, he said.

"If there is no reason for someone to know (about a crime) then
they're fine," said Lamrock.

He said it will impact absentee landlords who do nothing after being
warned by police that crimes are taking place on their property.

The law will go into effect upon proclamation after third reading,
Lamrock said.

He's not expecting it to cause an immediate increase in the dollar
value of goods seized.

Public Safety Minister John Foran said the proceeds will be used for
crime prevention, law enforcement, victim restitution and the
administration of criminal justice.

"This will help to put the proceeds where they are most needed and
make New Brunswick a safer place," he said.

But York Tory MLA Carl Urquhart said he has major concerns about
it.

"I think it is just a desperate move on the part of a government just
before an election," he said.

He said he's a former police officer and believes in enforcement, but
he also believes in civil rights and private property rights.

Urquhart said the bill should go to the law amendments committee where
it can be reviewed.