It was announced in recent Winnipeg breaking news that an alleged sex offender could lose his home in a first civil suit filed by the province of Manitoba. If you are committing crime in Winnipeg be prepared to lose your home or other instruments used in committing 'unlawful activity'
If you are using your home or other property to conduct criminal activity you can expect to have your property seized, including your vehicle if the “instrument used- was used to conduct criminal activity.
The accused was the victims’ soccer coach.The coach allegedly sexually abused the girl from December of 2008- May of 2010 when the girl was just 11 years old.
The man is currently in jail and has been tried on criminal charges.
How long he (the criminal) will stay in jail is anybody's guess: When he is released from prison, will we the public be warned once again to watch out for this criminal?
With the recent release and warnings of sex offenders re-entering into our community and our justice system knowing that some of these sex offenders are at high risk to re-offend is the province going to be looking out for the public or watching out for what the criminal might accumulate as property which it could seize?
It's a fair question.
"The property has been used by the (defendant) to engage in unlawful activity, particularly the commission of the sexual assaults," says a statement of claim filed against the man.
"The property served as a location where he could take the victim and commit the assaults in privacy."
The statement of claim also says the alleged sex abuse has considerably hurt the victim. "The unlawful activity (resulted) in serious bodily harm to the victim, including serious psychological harm," says the statement of claim.
Schumacher said the unit can continue its case against the accused sex offender even if he has not been criminally convicted.
Who will benefit from this law suit?
Will the victim receive any of the proceeds from the ‘sale (or auction) of the home’ to cover costs of therapy and lifelong psychological damage? (if indeed this is what happens to the property?)
Will the contents of the home be seized as well, as the furniture was possibly used as well to commit the alleged crime? How about his vehicle, his clothing? What about the soccer ball? May sound ridiculous- On one hand all of this sounds good, fair and reasonable.
Anyone who harms a child or another human being should lose EVERYTHING including his or her freedom.
On the other hand: The question remains, who will really benefit from the seizing of these ‘instruments’: The victim- or the province?
Does the province auction off the home once it becomes their property? What will the province actually do with the home or the monies from the sale of the home? Is the province of Manitoba going to make money because of criminal activity?
Will this lawsuit of seizing offender’s property deter sexual offenders from committing these heinous crimes?
At the very least this may be a start in further punishments for criminals conducting offenses using the instruments such as homes or vehicles to commit their crimes.
Quote from the news story reads;
Schumacher said the latest legal move is "unusual" because previously the unit has focused on things like "drug houses, grow-op houses (and) the cars drug dealers use," under the province's Criminal Property Forfeiture Act. The province says under the act, people can lose their property to the government if a court rules they used it for unlawful activity or bought it with proceeds of unlawful activity.
The law says Manitobans can also lose their cash or cars for the same reasons.
One prominent example came this June when Schumacher and his unit -- along with police -- took control of a Scotia Street Hells Angels clubhouse, as a centre for criminal activity.
"We started with the easier ones, the ones that are more obvious, but we will continue to push the boundaries of the legislation and continue to move forward in seeking other files that deserve our attention," said Schumacher, who said the case against the accused sex offender is "unusual."
-So, again the question remains: who will benefit from the seizing of property?
-For more questions and concerns visit Karin Hiebert's blog to read more about this announcement of the first ever civil suit...fair warning- the article posted there won't be a 'gentle read' and will most likely contain course language and could be offensive to some readers.
Comments
I recall the reluctance and 'hand-wringing' that was going on back when justice officials first started to seize drug-dealers properties. "Double Jeopardy" some lawyers were crying.
I think this new initiative is a great step in the right direction. "Dont do the crime, if you can't do the time".
However, there are some issues that will still have to be worked out, but it's a start.
The issues which will need to be worked out include exactly where the monies do go when they seize the properties of the criminals.
As a former police officer you may have some insight into those questions from past seizing of property, vehicles or other wise?
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