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News (Media Awareness Project) - CN BC: AG Pledges Tougher Crime Proceeds Confiscation Law
Title:CN BC: AG Pledges Tougher Crime Proceeds Confiscation Law
Published On:2005-09-30
Source:Tacoma Daily Index (WA)
Fetched On:2008-01-15 12:07:54
AG PLEDGES TOUGHER CRIME PROCEEDS CONFISCATION LAW

Criminals And Lawyers Won't Be Able To Tap Seized Assets

Mayors and councillors pressed provincial cabinet ministers Wednesday
to explain why B.C. has been so slow to hit criminals in their
wallets by seizing illegally acquired property.

"We're not tough enough on major criminals," Courtenay Coun. Larry
Jangula told a public safety panel discussion during the Union of
B.C. Municipalities convention.

He pointed to crystal meth lab operators in particular.

"These people have the ability to seriously damage people forever,"
he said. "We never hear of maximum sentences. It's common knowledge
all across North America that B.C. is the softest on all drug
offences that there is."

Jangula noted existing federal law regulating seized criminal assets
has a major loophole.

"The lawyers have first crack at getting whatever money comes out of
that and often there's nothing left over," he said. Attorney-General
Wally Oppal confirmed the Criminal Code "for some reason" lets the
accused and their lawyers apply to use the assets for reasonable
legal and living expenses.

But he said the province has introduced its own Civil Forfeiture Act
to short-circuit that provision and bar criminals and lawyers from
tapping the money. Instead it will go to crime prevention and victim
assistance.

"The best way to deal with drug dealers is to seize their assets,"
Oppal said. "Some of us have been saying that for years. This
government listened to that and responded to that."

The bill hasn't yet become law and Victoria is carefully watching the
status of a similar Ontario law to see if it survives legal challenges.

Oppal said he and others in the justice system have long wondered why
police in B.C. don't seize much property but added the law may help.

Solicitor General John Les applauded local bylaws in Surrey and
Abbotsford that have proved an effective means for shutting down
marijuana grow ops.

Local authorities post inspection notices on suspected grow houses,
often forcing cultivators to quickly move and home owners to undergo
expensive renovations.

"The objective here is to hit them in their pocketbook," Les said,
adding the technique doesn't usually yield charges. "It means for a
lot of these people, crime isn't going to pay any more."

He also applauded successful strategies in places such as Maple Ridge
and Mission to tackle the problem of crystal meth. Oppal also found
himself under attack for the Liberal government's move in its
previous term to shut down courthouses as a cost-saving measure.

Councillors from Sidney and Langley said their citizens, and in some
cases their police officers, spend too much time commuting to distant
courthouses.
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