TORONTO — The Ontario government has reintroduced controversial legislation to seize the assets of organized criminals before they’re convicted of a crime, to the scorn of experts who say it will never withstand a Charter challenge.
The bill, first introduced during the last session of the legislature in December, was widely criticized as a violation of the Charter of Rights and Freedoms, and the presumption of innocence.
“It’s a case where something that’s being sold as a weapon against organized crime could wind up impoverishing law-abiding citizens and assaulting fundamental freedoms,” said Alan Borovoy, general counsel for the Canadian Civil Liberties Association.
The new bill could lead to law-abiding citizens losing their assets, Borovoy said.
Criminal lawyer John Rosen said the proposed bill, even if passed, won’t stand up in the courts.
But Ontario’s Attorney General David Young said the bill is sound.
“I am quite certain it will withstand any legal or constitutional challenge,” he said.
Young said a special “strike force” of investigators, civil lawyers and forensic accountants will be created if the bill passes “to ensure that these civil cases are vigorously pursued in court.”
The move came as part of a series of initiatives designed to crack down on crime and further what the government calls “victims rights.”
