TOUGH BUT FAIR

Winnipeg -- The Globe's recent editorial about the Criminal Property
Forfeiture Act (Wait For The Verdict -- Dec. 4) states that the
legislation ignores due process. This is not the case. Every step of
the process is overseen by the province's civil courts. No property
can be forfeited to the government without notice to all persons with
known interests in the property, a trial and a court judgment.

The only time property can be seized without notice is when the court
is persuaded that this is necessary to keep it from being sold or
hidden. Even then, the order to seize pending trial has to be renewed
every 10 days.

The editorial also expresses concern that forfeiture should not take
place unless a criminal conviction has been obtained because this is
required by the Criminal Code. However, civil law often provides
remedies for victims of crime, such as lawsuits for damages, that are
decided on a balance of probabilities, not beyond a reasonable doubt.
Manitoba's legislation is based on the same principle of civil
consequences for wrongful behaviour.

You state that the legislation infringes on the right of freedom of
association. I do not believe the Charter of Rights and Freedoms
protects association for the purpose of carrying out criminal acts.
Manitoba's bill builds on existing civil law principles and is within
provincial jurisdiction. It is a fair, but tough and necessary
response to organized crime.