BILL TARGETS GANG MEMBERS' PROPERTY

Toughest Legislation of Its Kind in Canada: Mackintosh

MANITOBA courts could soon order houses and other property owned by
recognized gang members to be seized and sold, even if they are not
convicted of an offence.

Attorney General Gord Mackintosh said the proposed Criminal Property
Forfeiture Act, which he introduced in the legislature yesterday, is
the toughest of its kind in Canada and puts up a "Gangs Not Wanted"
sign in Manitoba's window.

"We are very committed to making Manitoba a hostile environment to
organized crime," Mackintosh said.

The legislation would let police seize the homes, cars, cash and other
property of any person, as long as police could persuade a judge that
the individual is a member of a criminal organization.

The onus would then be on the suspected gang member to prove the
assets were earned through legitimate income and not the proceeds of
crime.

"The legislation presumes that if you're a gang member, your property
is the proceeds of crime," said Mackintosh. While he said he's
confident the bill can withstand a challenge under the Charter of
Rights, the Opposition is doubtful.

"I think that it would probably survive only until the first defence
lawyer wants to take a stab at it," said Tory justice critic Gerald
Hawranik.

"I don't think (Mackintosh) has given it a lot of thought."

The Manitoba bill is civil in nature and requires a judge to rule
based on a balance of probabilities -- a lesser burden of proof.

Mackintosh said the bill recognizes that criminal organizations are
experts in hiding their money and other assets. It would let police
seize assets hidden with third parties.

There are safeguards to protect innocent third parties, such as
someone who bought a house or car at fair market value from a gang
member, not knowing the property had initially been purchased with
proceeds of crime. Such people can apply before a judge for
protection. Banks that approve a mortgage on a house not knowing the
down payment came from the profits of a criminal act are automatically
protected and will receive their investment in the house when it is
sold.

The money earned from selling the seized property would be used to
cover court and police expenses in the case, with the remainder going
to victim-assistance funds or legal aid.

The bill is similar to one in Ontario that allows for the civil
forfeiture of criminal profits, but goes beyond it with the assumption
that gang members' property is automatically a criminal profit.

Mackintosh said about a "dozen or so" of the 560 known Hells Angels
members in Canada live in Manitoba, but he said that is "enough of a
threat" to warrant this type of legislation.

He said laws such as this have been successful in other
countries.

In New York's Nassau County, so-called legitimate businesses that were
actually fronts for gambling or prostitution were shut down under a
similar law, and drug dealers who had cruised neighbourhoods in luxury
vehicles were put out of business when those vehicles were seized.

New Jersey and Ireland have had similar success with this type of
law.

Manitoba RCMP Chief Supt. Bill Robinson, in charge of the criminal
operations division of the RCMP in Manitoba, said the bill is new and
experimental, but he believes police can and will be able to use it.

"Organized crime is of considerable importance to us. It forms the
centrepiece of our mandate across the country," he said. "I think this
is going to assist us greatly."