Bill 50 is set to take the air out of drunk drivers’ tires as property used to commit a crime can be seized and sold – Yahoo! Canada News
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Thu Nov 27, 4:40 AM
Somewhere in Alberta, sometime in the near future, a drunk driver is going to lose his car — not for the night, not for a few days, but forever.
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Gone, sold, no more car.
That’s the theory and, at least for now, it’s the law.
Drunk-driving deterrence is what Minister of Justice Alison Redford hopes is one result of a weighty piece of legislation called the Victims Restitution and Compensation Payment Act, more easily stated as Bill 50.
Passed by the Alberta legislature on Tuesday, Bill 50 amends the existing rules to allow courts to seize and auction property connected to crime.
That’s crime, as in any crime — and that’s what has the teeth of this particular law jutting out like the fangs of a sabre-tooth tiger.
If it’s deemed a criminal act in Alberta, any property associated with said behaviour is fair game to be taken away and sold.
That includes possessions purchased with the proceeds of crime, or anything used to commit a crime — homes and vehicles being the big-ticket targets of the new program.
And while drug suppliers and gang members are the big-ticket crooks with the most to lose, Redford says all criminal activity committed in Alberta falls under the legislation.
If you are caught driving drunk, your vehicle can be seized as property used to commit a crime, and auctioned off by the court.
“It’s anything that’s considered criminal — so drunk driving, yes, it could be used for that,” said Redford.
The minister says the question now is not whether such cars will be seized, it’s whether the courts will rule the seizures fair under the new legislation.
“It’s up to the courts — right now, we’re beginning to test the boundaries,” said Redford.
Fair won’t be a word coming from the mouths of people stung by the law.
Tested to the highest courts in other provinces, the law allows property to be sold off without a conviction, as long as the court rules it is connected to a crime.
A loaded handgun and a bag of crack found on the back seat of an SUV is enough for a court to decide the vehicle is connected to criminal activity, even if no one is ever charged.
Alberta’s auction block is going to be busy.
Assuming the courts are on the side that wants to deter drug dealers, gang shootings, armed robberies and drunk driving, Alberta stands to make a lot of money from Bill 50, as the bad guys’ assets are liquidated.
In B.C., a similar law has resulted in numerous seizures, many involving drugs.
Just yesterday, RCMP in the Okanagan announced that forfeiture proceedings are underway for six properties worth a total of $3 million.
The homes were used for a massive marijuana grow operation, bringing the total number of houses seized in the Vernon area to 13 since B.C.’s law passed two years ago.
Other provinces, including Ontario, allow the cash raised through proceeds of crime to be funnelled directly back into law enforcement — new police, equipment and the like.
But not in Alberta, because Redford said the idea of police being able to directly profit from criminal arrests makes her uneasy.
“It’s clearly a conflict of interest,” she said.
Some may call this shortsighted — more police means fewer victims, but the minister says police aren’t going to see a dime.
That’s not to say they won’t benefit, says Redford — the power to financially impact criminals is a major weapon.
“It gives police a tool to stop criminal activity as it happens,” said Redford.
“It allows us to reach further, take profit out of crime and remove the instruments that have enabled criminals.”
In Alberta, the money will go towards victim assistance and restitution, as well as pre-emptive programs, such as those aimed at keeping young Albertans out of gangs.
Redford said the remaining cash will be used creatively to help prevent crime, and ideas are arriving on her desk daily, including having the people hurt by crooks speaking directly to young Albertans.
“One of the thoughts is around community-police partnerships, where the victims of crime go into schools to speak to students,” said Redford.
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