Winnipeg Free Press

Winnipeg Free Press (Newspaper) - February 25, 2014, Winnipeg, Manitoba C M Y K PAGE A8 EDITORIALS WINNIPEG FREE PRESS, TUESDAY, FEBRUARY 25, 2014 Freedom of Trade Liberty of Religion Equality of Civil Rights A 8 COMMENT EDITOR: Gerald Flood 204- 697- 7269 gerald. flood@ freepress. mb. ca winnipegfreepress. com EDITORIAL A NYTHING bought with money generated by crime can and should be seized by government because no one should profit from illegal activity. Everyone can agree with those principles and the laws that support them, but some provincial governments in Canada have shown poor judgment and excessive zeal in how they are enforced. Several cases in Manitoba, in fact, cry out for a review of the legislation that gives the state too much power in seizing the assets of people who may have committed minor crimes, or whose offences are not directly related to the property seized. Sometimes the value of the confiscated property is grossly disproportionate to the offence itself. Several examples of such lopsided justice were outlined by Free Press reporters James Turner and Mary Agnes Welch in 49.8 on Saturday. In one case, a 51- year- old man charged with cultivating marijuana in his home is not only facing criminal prosecution, he could also lose his house under the province's five- yearold Criminal Property Forfeiture Act. The confiscation of his home would be justified if he was running a large criminal operation and if the proceeds had been used to purchase the property. The facts, however, are it was a tiny two- light marijuana grow operation that produced enough pot for his personal use, which he said included medical purposes. Equally offensive, however, is the fact the province can seize his home even if he is acquitted, or if the judge imposes a minor fine. It is fundamentally wrong that an individual could lose his life- savings over a relatively minor infraction. Another dangerous precedent was set when the province seized the home of a man before he pleaded guilty to sexual assault involving a teenager. The crimes occurred in the home, but it's a weak basis for triggering the forfeiture legislation. It also raises questions about other forms of property - such as a white- collar business - that could be seized if a crime was committed by the owner. The government so far has avoided this kind of prosecution, preferring to target individuals who frequently lack the resources to fight back. In British Columbia, which has a reputation for being the most aggressive of the provinces in applying its forfeiture law, the province seized the agricultural land of a man who was ultimately acquitted of cultivating marijuana. As in Manitoba, the criminal guilt or innocence of a suspect is often irrelevant because once a prosecution is started, the onus is on the individual to prove he is innocent. Guilt is determined on a balance of probabilities - the civil test - rather than the more onerous " innocent until proven guilty beyond a reasonable doubt." The Supreme Court of Canada has upheld provincial forfeiture laws, but like most Canadians, it may have assumed governments would exercise restraint and good judgment. The federal proceeds of crime law is more vigorous in its application, but also fairer. It targets only major criminals, such as money launderers or major drug traffickers where profits are clearly related to the crime. Manitoba's recent decision to list the Hells Angels as a criminal organization, which will make it easier to seize the property of individual members, is just the latest in a series of laws that have increased the power of the state, while diminishing the normal checks and balances designed to protect the rights of the individual. These laws have been enacted under the guise of protecting society and deterring crime, but they have reached too far and trampled the principles of due process and fair play. The Manitoba government needs to review its forfeiture law to ensure it is achieving its intended goal because, at this point, it is putting a lot of people at risk for penalties that are often far worse than the crime. Reflections on Sochi At my high school, the men's semifinal hockey game against the U. S. on Friday was broadcast for all to watch in the cafeteria, and the outcome was announced over the intercom. I was disappointed that neither of those were done for the women's game the day before. It's time we start changing the way we look at women's team sports, because something doesn't feel right about the way we currently distinguish between the two. HANNAH LANK Winnipeg �� While the picture on the wrap of Monday's Winnipeg Free Press was beautiful, I believe Jonathan Toews should have been the paper's choice. Toews is a Winnipegger, and scored the game's first goal, which turned out to be the game- winner. I know Toews appeared on the front page of Monday's sports section to go along with Gary Lawless' story Worth his weight in gold ( Feb. 24), but the hard work throughout the tournament by this Manitoba talent also deserved front- page coverage in Winnipeg. RICHARD LAMBERT Winnipeg �� I was surprised by Zach Bogosian's comments about the Olympic men's gold medal hockey game: " I was having a coffee, but I didn't watch the game" ( Ellerby, Jets tune in Canada's golden game , Feb. 24). Zach, you can drink coffee and watch hockey at the same time - it's like walking and chewing gum. You would think a pro hockey player would watch a gold- medal game, but I guess Bogosian figured there was nothing to learn or enjoy because he's an American. RICK YUNYK Winnipeg �� In reading Olympism? Then call me an atheist ( Feb. 19), I was reminded of the African runner who won the marathon many Olympics ago. When asked how he learned how to run so well, he said that chasing cows had prepared him. Unfortunately the cows did not receive the salaries some coaches now receive. Canada has spent millions to " own the podium" - the article notes that in the 2012 Summer Games in London, Canada took home twice as many medals as India, Indonesia, Pakistan, Bangladesh and Nigeria combined. Linking a country's Olympic investment with the number of medals won gives a better measure of that nation's wealth than of Olympic talent. The tens of billions spent to produce the Winter Olympics could have made poverty history in many places. And while many Canadians enjoy immersing themselves in the Games, it's worth remembering some of that money might have been better spent elsewhere. BARRY HAMMOND Winnipeg Frustrating Festival Re: Bigger not better for many at Festival , Feb. 19. My friends and I, along with several hundred other Winnipeggers, arrived at Festival du Voyageur several hours before local band Royal Canoe was to play Saturday night. We paid to enter and immediately joined a long, snaking line of over 200 people, all waiting for the same show. We waited over two hours in freezing cold weather, each taking turns warming up in the festival's information tent. We never got in, nor did we get to see anything else at the festival. Is there no cap on ticket sales? There has to be a better system if so many paying customers are there to see such a popular band. Until Festival du Voyageur addresses this issue my friends and I will not be returning. HOLLANDE BEZAN Winnipeg Wrong on Ridgewood Donavan Toews of Landmark Planning is wrong in his assertion that only the Van Roon family was opposed to the Ridgewood area plans ( Fighting for his land , Feb. 22). The Charleswood Historical Society ( CHS) did not support the application, and registered ( and spoke) in opposition to the presented plans, and a substantively different new amendment was put forward at the Feb. 4 public hearing. CHS passed a motion at their January general membership meeting that opposed the Ridgewood area plan. This motion was submitted in writing to the city clerk, and is on record for all city councillors to verify and review before casting their vote this coming Wednesday. Electronic Hansard is also available on the city's website that clearly documents this opposition. I received an email the night before the hearing that showed the new plan containing major amendments to proposed road locations. As president of CHS, I did not have time to consult properly with the other community group leaders on this matter or to consult with my executive or members. The Charleswood Historical Society asked for one additional month to review new studies and plans, and to consult further before final decisions were made. Is it not within council's power to provide a small amount of additional time to do the job right? LEN VAN ROON JR. Winnipeg Disabilities changes overdue Community Living Manitoba is very concerned with the opinion expressed by Judge Pollack that, in many cases, it is impossible for people with developmental disabilities to live in the community due to complex medical and behavioural support needs ( Can't shut MDC despite death: judge who headed inquest , Feb. 21). Many people with developmental disabilities who live in community homes and have the same or more complex medical needs than Anne Hickey. Agencies work with Family Services to develop coordinated health care plans with regional health authorities, doctors, and the supporting agency to ensure the safety. Other provinces in Canada have developed plans to close large institutions such as the Manitoba Developmental Centre, recognizing people can and should live in the community with proper supports. In 2005, Community Living Manitoba filed a human rights complaint to stand up for the right of people with developmental disabilities to live in the community. The 2010 settlement required Family Services to transition 49 people to the community from MDC, and others have transitioned since. As a province, we are overdue when it comes to reframing our expectations of what life can and will be like for people with intellectual disabilities. Processes have been developed to help people move into the community, and there are many people in Manitoba with the expertise needed to make it a reality. TERRY MASSE President, Community Living Manitoba Winnipeg HAVE YOUR SAY: The Free Press welcomes letters from readers. Include the author's name, address and telephone number. Letters may be edited. Letters to the Editor, 1355 Mountain Avenue, Winnipeg, R2X 3B6. Fax 204- 697- 7412. Email letters@ freepress. mb. ca Letters represent the opinions of their writers and do not reflect the opinions of the Winnipeg Free Press or its staff. �� LETTER OF THE DAY I disagree with the bike segregation policy expressed by cycling advocate Bartek Komorowski ( In conversation with Bartek Komorowski , Feb. 22). No doubt his position is well- intentioned, but it also fails to recognize the many cycling organizations and individuals who have fought long and hard to maintain the cyclists' legal right to use the road. Cyclist segregation infantilizes cyclists and diminishes the work done by organizations to help cyclists feel confident and comfortable cycling in all types of vehicular traffic. ALLAN HUTCHINGS Winnipeg Cyclists belong on roads WAYNE GLOWACKI / WINNIPEG FREE PRESS FILES A cyclist braves the elements in downtown Winnipeg. Seizure law too harsh A_ 08_ Feb- 25- 14_ FP_ 01. indd A8 2/ 24/ 14 9: 09: 53 PM ;