LAW LETS PROVINCE SEIZE PROPERTY

Known Gang Members Targeted by Legislation

Join a gang. Lose your house.

This could be the latest slogan from the Manitoba Department of Justice,
which can use a new law to seize property and assets of known gang members,
even if they are not convicted of an offence.

The Criminal Property Forfeiture Act takes effect today. It allows police
to apply to the Court of Queen's Bench for permission to seize property
belonging to a known gang member. The law presumes all property of a gang
member was obtained through illegal activities.

Establishing that someone is a member of a gang requires police to prove on
a balance of probabilities the person belongs to a group that is a criminal
organization as defined by the Canadian Criminal Code -- a group of three
or more people organized for the purpose of committing a serious crime.

The onus is on an individual to prove he is not a gang member or to prove
the property was obtained through legal means, such as with income tax
receipts.

That provision has drawn criticism the bill is unconstitutional. Tory
justice critic Gerald Hawranik said he thinks the bill is headed for
disaster. "Under this legislation, you're guilty until proven innocent,"
Hawranik said. "Innocent people will have their property seized and sold,
and then we're going to have to compensate them."

Challenged

Hawranik said the bill will be challenged the first time its used, and he
is certain the government will lose.

Attorney General Gord Mackintosh said his constitutional law experts assure
him the bill works within the Constitution. The law is a civil, not a
criminal remedy, and therefore the constitutional presumption of innocence
does not apply, Mackintosh says.

"We will vigorously defend the legislation if there is a challenge,"
Mackintosh said.

"If ministers of justice ran and every time there was a threat of a
challenge, we'd not get anywhere," he said. "We have to be innovative and
bold." The seized property will be sold and used to fund crime prevention
programs, victim assistance funds and legal aid.

A federal law already exists that seizes proceeds of crime in punishing
convicted criminals.

Criminals without gang affiliations are also targeted by the bill, as it
also allows police to apply to seize any property bought with profits from
illegal activities, or property that will be used to commit crimes.

Among the items police could seize are real estate, cash, vehicles, and
drug paraphernalia.

Police must prove on a balance of probabilities the property will be used
to commit a crime, or was obtained by committing a crime.