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From: "Leon" <leon@fear.org>  [ Save address ]
To: fear-list@mapinc.org, fear-talk@mapinc.org
Subject: FEAR: Proposed law allows police to seize the assets of any (alleged) member of a criminal organization, whether convicted or not (Canada)
Date: Wed, 03 Dec 2003 16:24:54 -0600
[Canada may yet catch up with the USA's progressive justice system. Leon]

<http://www.cbc.ca/stories/2003/11/26/mangangs031126>  

Manitoba introduces Canada's 'toughest' anti-gang bill
Last Updated Thu, 27 Nov 2003 8:55:18

WINNIPEG - The government of Manitoba has introduced legislation that it is
calling the toughest anti-gang measures in Canada.

    * INDEPTH: Biker Gangs


The proposed law allows police to seize the assets of any member of a
criminal organization, whether convicted or not. The onus would then be on
the suspect to prove the assets are not the proceeds of crime.

A suspect's home, car, and even cash can be seized as long as a judge is
shown proof the individual belongs to a criminal group.

The Criminal Property Forfeiture Act is a two-pronged attack on property
used by members of criminal organizations to commit crimes and property
obtained with proceeds of crime.

If passed, Justice Minister Gord Mackintosh says, the bill would make

Manitoba the most inhospitable province for organized crime. "It recognizes
the unique dynamics, the methods used by criminal organizations in hiding
their money.

"And quite frankly, this presumption is necessary. We think that this can
make all the difference in terms of providing one more tool in the tool box
for law enforcement agencies in Manitoba to counter the threat of organized
crime," said Mackintosh.

The bill would allow police to launch civil proceedings against a person
who is deemed a member of a criminal organization. If property is seized,
the province can sell it and use the money to fund Legal Aid or help
victims of crime.

Similar laws exist in New Jersey and in the Republic of Ireland. 


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