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Justice committee I'm the proceeds person.
October 22nd, 2009Committee meeting
Insp. Martine Fontaine
Justice committee Can I add something? Nominees are a major problem because they use their real identity to be able to put assets under their names. I like the solution that Mr. Ménard brought forward earlier. Maybe change the burden of the person to be able to come to court and justify how he ac
October 22nd, 2009Committee meeting
Insp Martine Fontaine
Justice committee Yes, that the onus is on the person, so maybe by prépondérance de preuve, maybe to change that burden, not necessarily give the criminal the highest burden at all, because it's known. I've been doing proceeds since 1992, and it's getting worse and worse. They don't own anything a
October 22nd, 2009Committee meeting
Insp Martine Fontaine
Justice committee The reverse onus legislation was passed on November 25, 2005. We have used some provisions of the act to get restraint orders in some cases, including under operation Colisée. However, it has yet to be challenged, further to the regulations. You have to realize that reverse onus
October 22nd, 2009Committee meeting
Insp Martine Fontaine
Justice committee As you know, under the Criminal Code, we cannot force people to talk to us, and individuals are not compelled to tell us if they own assets or property. They have learned to establish a distance between themselves and the assets in question.
October 22nd, 2009Committee meeting
Insp Martine Fontaine
Justice committee Can I add to that response? Since 1994, when IPOCs or Integrated Proceeds of Crime Units were first established, we have had investigative forensic accountants as full members of our team and that is the case for all units throughout Canada. They work with us. They are considere
October 22nd, 2009Committee meeting
Insp Martine Fontaine
Justice committee As you know, section 462.48 of the Criminal Code allows us to obtain tax information on individuals. However, these are very limited exceptions, relating to drug offences, terrorism, criminal organizations or the laundering of drug money. Also there is corruption, fraud, and all
October 22nd, 2009Committee meeting
Inspector Martine Fontaine