The B.C. government is promising to crack down on locally-organized criminals, including money launderers and corrupt foreign nationals who are looking to park their illicit money in the province.
Public Safety Minister Mike Farnworth tabled changes to the Civil Forfeiture Act that will make it more difficult for criminals to hide their illegal assets by allowing officials to ask courts for unexplained wealth orders.
The order would compel individuals suspected of crimes to explain how they acquired their wealth and allow for the confiscation of property, without proving criminality, by reversing the burden of proof. This could include local drug dealers benefiting from the toxic drug crisis who are hiding gains in real estate, or foreign authorities with limited income but expensive assets.
While the order wonB次元官网网址檛 lead to the automatic forfeiture of property, it will allow for sufficient evidence in civil litigation, if thatB次元官网网址檚 pursued. Meanwhile, police cannot access these orders for criminal investigations.
B次元官网网址淏y exposing property for forfeiture actions, we are removing this incentive and sending a clear message to anyone involved in organized crime that crime doesnB次元官网网址檛 pay,B次元官网网址� Farnworth said.
Austin Cullen, who chaired the commission inquiring into B.C.-based money laundering, recommended the inclusion of these orders in the legislative arsenal in his final report published in September 2020.
B次元官网网址淟et me see if I can put it as bluntly as possible: Just because the mob-bossB次元官网网址� spouse is not involved in illegal activity doesnB次元官网网址檛 mean they get to keep the house,B次元官网网址� Farnworth said earlier this month.
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In order to ensure safeguards against such orders being abused, Farnworth said the Civil Forfeiture Office will have to prove that the alleged criminal holds assets worth $75,000 or more in B.C., that they have insufficient income to purchase property and that there are serious allegations of the property being used for unlawful activity, or that property was directly or indirectly acquired as a result of unlawful activity.
But not everyone agrees these safeguards are enough.
B次元官网网址淯WOs undermine privacy rights, the presumption of innocence, and the right to silence,B次元官网网址� BC Civil Liberties Association said in its response to the s0-called Cullen Commission.
B次元官网网址淭hey have only been adopted in a few countries and there is no credible evidence that they have been effective.B次元官网网址�
Farnworth said his ministry looked at comparable legislation in New Zealand, Ireland and the United Kingdom. Authorities in the UK had to change the legislation after court challenges.
While Farnworth acknowledged that history, he expressed confidence that the new changes will withstand legal challenges. He also expressed confidence that the new legislation will be a hit in the court of public opinion.
British Columbians are sick and tired of organized crime, he said.
wolfgang.depner@blackpress.ca
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