Thank you, Chair.
We propose that clause 5 be amended.
This clause proposes to modify the provisions that impose a reverse onus for forfeiture of proceeds of crime for certain designated offences, to apply also to procuring and trafficking offences. The Criminal Code currently provides for forfeiture of proceeds of crime as part of sentencing, upon application by the crown, after conviction for a designated offence.
Where an offender has been convicted of certain serious offences, the offender is required to prove that their property is not proceeds of crime. This means that a reverse onus is imposed on the offender. Our proposed amendments would make the reverse onus for forfeiture of proceeds of crime apply only to trafficking in person offences.
One of the procuring offences, paragraph 212(1)(j), living on the avails of prostitution, is currently subject to the charter challenge, Bedford versus the Attorney General of Canada, which is currently before the Supreme Court of Canada. It's expected to be heard in June 2013, and the amendments to any of the provisions impugned by this case should await the Supreme Court's decision on the constitutionality.