Whitehorse Daily Star

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MARIAN HORNE

Minister formally ices Civil Forfeitures Act

A proposed bill to give the Yukon Justice department and police sweeping powers to seize cash and property believed to be the proceeds of crime,

By Jason Unrau on October 26, 2010

A proposed bill to give the Yukon Justice department and police sweeping powers to seize cash and property believed to be the proceeds of crime, without a criminal conviction or even laying a criminal charge, has been put on ice indefinitely.

During last week's budget debate, Justice Minister Marian Horne told the legislative assembly that the government will not revisit the Civil Forfeitures Act until the public is consulted.

"The government has not at this time scheduled the consultation,” Horne said last Thursday afternoon.

"Before the bill is voted on ... the consultation will have to have been completed, and we want to take the recommendations into account.”

Horne did not say when that public consultation would occur.

In a previous interview with the Star, Premier Dennis Fentie said the government had no plans to revisit the Civil Forfeitures Act during this fall sitting.

Last April, upwards of 200 Yukoners descended on the government administration building to protest the Civil Forfeitures Act.

If passed, it would allow the Justice department to take ownership of money, vehicles, houses and other property believed to be earned or purchased through unlawful activity.

The same power currently exists in the federal Criminal Code, subject to a criminal conviction. The Civil Forfeitures Act would allow the territory to seize property by suing for it in civil court.

This has riled civil liberties and criminal lawyers associations nationwide. Both groups argue it permits police and prosecutors to do an end run around the higher standard of proof required in criminal law.

The Criminal Code stipulates that guilt must be proved "beyond a reasonable doubt,” whereas the civil standard of proof is based on a "balance of probability.”

While the government stood poised to pass the bill during last spring's sitting of the legislature, public outcry convinced territorial lawmakers to reconsider their position.

However, the Civil Forfeitures Act, which passed second reading on April, 14, 2010, remains on the order paper with other government bills up for consideration until the prorogation or the dissolution of the assembly.

The Yukon Liberals and the territory's NDP have stated their support for the principle behind the Civil Forfeiture Act – that criminals should not be allowed to profit from crime.

But both have also urged the government not to pass the legislation until it can tighten up provisions that could allow for abuses.

Designed to dovetail with the territory's Safer Communities and Neighbourhoods Act (SCAN) that allows for eviction and lease nullification of tenants based on suspicion of drug dealing, prostitution or running a gaming house, the forfeitures act goes one step further.

Concerns with the act as it was tabled in the legislative assembly include a 10-year retroactive clause and another statute that allows for property seizure even in the event somebody is found not criminally responsible by reason of insanity.

Comments (3)

Up 0 Down 0

Anonymous on Oct 26, 2010 at 11:37 pm

To both of the posts already,

You must not understand the rights this infringes on. If you are suspected of a crime they can seize your home, freeze your bank account, etc... and then how would they expect you to pay for legal representation? It would lower the chance of a fair trial. Have you ever heard the term "innocent until proven guilty"? This is what we go by today and I stand by it. This act would diminish a lot of our civil rights!

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mark on Oct 26, 2010 at 11:46 am

This proves to show minister horne and the yukon party have no cahones. Why let 200 people judge what you should do. This act would have been very useful here in Whitehorse.

Reintroduce this act

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bedrock billy on Oct 26, 2010 at 10:42 am

Yeah! We have to protect those criminals. We don't want their civil rights violated in any way. We don't want anything to get in the way of their being able to violate their victims.

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