New legislation was introduced by the Manitoba government that will make it quicker for law enforcement and the courts to freeze criminal assets.
Under the current legislation forfeiture proceeding have to start before a person is required to provide information about how they acquired property that is believed to be proceeds of crime. The proceedings are also required before a court can issue an order preventing a person from disposing of the property.
Under the proposed legislation, Bill 58 – the Criminal Property Forfeiture Amendment Act, two new types of orders can be used before formal forfeiture proceedings begin. A preliminary preservation order will prevent a person from disposing of the property if the court is satisfied there is a serious issue to be tried in forfeiture proceedings; and a preliminary disclosure order that requires a person to answer questions related to how they acquired property when there are reasonable grounds to suspect that property is an instrument or proceeds of unlawful activity.
“Growing evidence shows that organized crime, has too much opportunity to move proceeds of crime to avoid civil forfeiture,” said Justice Minister Cameron Friesen. “Bill 58: the Criminal Property Forfeiture Amendment Act, would enable courts and law enforcement to move more quickly to ensure criminal assets cannot be moved beyond the need of law enforcement and the court. This way, the recouped funds can continue to be invested in community initiatives that benefit Manitobans.”
Under the proposed bill the new orders would still require judicial authorization and oversight. The court would be also be able to reject the application for either order if it would clearly not be in the interest of justice.
In Manitoba assets seized are sold and the proceeds are deposited into the Criminal Property Forfeiture (CPF) Fund which is used to compensate victims of the unlawful activity that led to the forfeiture of the property, fund victim services, purchase specialized equipment for law enforcement and fund law enforcement for community initiatives.
LINK | Criminal Property Forfeiture
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