The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Legislation designed to take the profit out of crime by allowing police to use the civil law process to seize, freeze and have the proceeds of unlawful activity forfeited to the province has gone into effect. "The Criminal Property Forfeiture Act provides the police with a tool that can be used to dig away at the roots that support organized crime, namely the money it generates," said Attorney General Gord Mackintosh. Under the act, the police can apply to the Court of Queen's Bench for orders to seize property either bought with profits from unlawful acts or that will be used to commit crime. Property includes not only real estate but also items such as cash, vehicles, boats and equipment used in drug operations. If the police prove in court that an individual is a member of a criminal organization, the act allows property owned by that person to be presumed to be the proceeds of crime unless that individual can prove otherwise. That presumption also applies to businesses where a proven member of a criminal organization is a key player. There will be a process put in place to ensure protection for people with legitimate interests in the property. "This legislation makes it a lot harder for gang members to shelter the proceeds of their crimes in seemingly legitimate enterprises," said Mackintosh. The law makes the province the owner of the forfeited property. It can be sold and used to fund initiatives that prevent crime, assist victims or legal aid. The act complements existing federal legislation that allows for the forfeiture of proceeds of crime as part of a punishment following certain convictions. Manitoba's legislation is a civil justice process that would not require a criminal conviction and not be as limited by the type of offence that might trigger the process. It also complements other legislation that uses the civil process to crack down on organized crime and illegal activities in Manitoba communities. The Safer Communities and Neighbourhoods Act and the Fortified Buildings Act have resulted in the closure of more than 80 problem properties, from drug dens to gang hang-outs. "We are continuing to pursue new and creative ways to fight organized crime and to make Manitoba a place where crime does not pay," said Mackintosh.
