Legislation that will help remove financial incentives to crime by improving the effectiveness of criminal forfeiture was introduced today by Minister of Justice and Attorney General Shirley Bond.

The Criminal Asset Management Act links to the Province's justice reform initiative and will enable prosecutors to pursue criminal forfeiture more frequently by establishing a way to manage assets restrained, seized or forfeited under the Criminal Code and other criminal law statutes.

It fulfils a commitment by Premier Christy Clark to introduce legislation to give government explicit legislative authority to manage and dispose of property forfeited as a result of a criminal prosecution. Forfeiture serves as a deterrent because it takes away the financial motive for committing crime.

Proceeds from criminal forfeiture may be available to compensate eligible victims and help communities by funding crime prevention and remediation initiatives. A director of criminal asset management will be able to use the proceeds to pay costs associated with property management and disposal, such as those required to store, secure and sell property.

Quotes:

Minister of Justice and Attorney General Shirley Bond -

"The Province is pursuing every avenue we have to seize and dispose of assets that are proceeds of crime or were used to commit a crime. Criminals can expect that we will take these assets and use them to fund crime prevention and remediation programs, and to compensate victims of crime."

"We want to assure British Columbians that, if there is any way in which the Province can use these assets for the public good, criminals will not be allowed to benefit from the exploitation and suffering their victims have endured."

Quick Facts:

• The legislation complements the existing civil forfeiture program which, in the past year alone, has recovered almost $11 million in assets used in or obtained through unlawful activity.
• Civil forfeiture can be pursued after the criminal forfeiture process has been exhausted or if a decision has been made not to pursue criminal forfeiture.
• Historically, the Province has been pursuing criminal forfeiture infrequently due to the lack of a statutory management scheme under B.C law. The amount forfeited has varied from year to year. Currently, government incurs the upfront costs of managing individual assets, recovering its expenses as assets are sold.

Learn More:

* Criminal Asset Management Act: www.leg.bc.ca/39th4th/1st_read/index.htm.

* Civil forfeiture: www.pssg.gov.bc.ca/civilforfeiture.

A backgrounder follows.

Media Contact:

Dave Townsend
Government Communications and Public Engagement
Ministry of Justice
250 387-4962
250 889-5945 (cell)

BACKGROUNDER

March 12, 2012 Ministry of Justice

Scenarios demonstrate how criminal forfeiture will work

Scenario #1:

Police seize a vehicle used to commit a criminal offence that is still being investigated and ask Crown counsel to manage the asset. Crown counsel applies to the court for a restraint and management order and is ultimately successful in obtaining a forfeiture order for the vehicle.

Currently, Crown counsel would engage the Asset Investment Recovery agency of the Ministry of Labour, Citizens' Services and Open Government to manage the property and then dispose of it. Under the new act, the director of criminal asset management will make decisions about managing and disposing of the vehicle and will pay any associated costs. This will allow the Province more flexibility to use the proceeds from disposed assets to pay for services like crime remediation and prevention, and enable professionals such as real estate agents to be engaged to manage forfeited property.

Scenario #2:

Crown counsel obtains a management order from a court for a residential home. Under the new act, the director of criminal asset management will be able to secure and maintain the house by engaging a property management company and paying maintenance costs.

Upon conviction of the accused, Crown counsel will be able to apply for a forfeiture order and, if successful, a realtor can be hired to sell the house. Any remaining sale proceeds, after mortgages and other charges against the title are paid, will be available for the director to manage and dispose of other assets that are the subject of forfeiture applications or forfeiture orders and fund programs for crime prevention or compensate victims.

Media Contact:

Dave Townsend
Government Communications and Public Engagement
Ministry of Justice
250 387-4962
250 889-5945 (cell)