BILL INTRODUCED TO ALLOW THE SEIZURE OF CRIME-RELATED PROPERTY

Policing: New Act Permits Confiscation Even If No Charges Laid

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 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.

The new law 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 across the province," Fredericton Deputy Police
Chief Leanne Fitch said Thursday.

The Fredericton Police Force held a press conference at the Hughes
Street neighbourhood station.

"It is really hitting criminals in the pocket book where it hurts,"
said Fitch.

"It holds property owners accountable for any illegal and unlawful
activity that is going on in their residences or with the use of their
properties, vehicles, boats and so on."

The deputy chief said the new legislation complements the criminal
proceeds of crime legislation that was passed a few years ago.

"It really fills the gap between the civil courts and the criminal
courts," she said.

Fitch said an example would be if a person calls the police and says
their neighbour is dealing drugs and an investigation cannot result in
criminal charges. Authorities can still apply to a court to seize a
house, car or computer involved in crime, she said.

"Police officers are really trying to be strategic more so than ever
in crime reduction strategies," 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."

Lamrock said the act will provide protection to genuinely 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 the new law would have an impact on absentee landlords who
have been warned by police that crimes are taking place on their
property but do nothing.

"If you are wilfully blind you are at risk," said Lamrock.

Lamrock said he does not expect there will be a immediate and huge
increase in the dollar value of goods seized.

Public Safety Minister John Foran said it is important to note that
the proceeds will be used strictly 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.

York Tory MLA Carl Urquhart said he has major concerns about the new
bill.

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

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

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