GANG PROFITS TARGETED

Proceeds of crime law introduced

Proposed gang-busting legislation will take the profit out of crime, vows
Justice Minister Gord Mackintosh. Yesterday, Mackintosh introduced the
Criminal Property Forfeiture Act. The proposed NDP legislation would give
cops the power to apply for a court order to seize property either bought
with profits from crime or used to commit crime.

Mackintosh said the property could include real estate, cash, cars, boats or
equipment used for drug operations.

"Manitoba has been recognized as having the toughest anti-gang legislation,"
Mackintosh said. "This is an add-on."

Under the proposed legislation -- which Mackintosh said would be a first in
Canada -- police could apply to a Court of Queen's Bench for a forfeiture
order.

Property owned by a gang member would be presumed to be the proceeds of
crime unless proven otherwise.

The proposed legislation relies on civil law, rather than the more rigorous
criminal law, which falls under federal jurisdiction and makes it more
difficult to prove guilt.

ONE OF 'MANY TOOLS'

"This legislation assumes that if you're a gang member, your property is the
proceeds of crime," Mackintosh said, adding he believes the proposed law
would withstand a constitutional challenge.

Bill Robinson, chief superintendent for the RCMP, said this will be one of
"many tools" cops have to clamp down on crime.

"I think it has to be viewed as a work in progress," Robinson said of the
legislation, which must still be scrutinized in the Legislature and at
public hearings.

Under the law, forfeited items would become property of the Crown. The
province must sell the items and use the money for crime prevention
initiatives, to help victims of crime or to fund Legal Aid Manitoba.