Financial Exploitation of Crime 1996

II. BACKGROUND

[5] The Uniform Law Conference first considered the financial exploitation of crime in 1983 when the Criminal Law Section adopted a resolution which advocated the study, with the view to developing a legislative response, of the "phenomenon of the publication of literary accounts of crime to the financial advantage of the criminal or his assigns". When it reported in 1984, the Committee recommended that a uniform statute be prepared that would require publishers to deposit all monies otherwise payable to a criminal into a trust fund to be established by the legislation.  5 This fund would then distribute its proceeds on a percentage basis: 25% for the accused’s legal fees, 15% for the accused’s dependants, 30% to the victim or his or her dependants and the remaining 30% to the province to cover the cost of policing, prosecution and the incarceration of the accused. 6 As a result of this report, an unanimous resolution was passed by the Criminal Law Section to the effect that the report of the Committee be referred to the Uniform Law Section "with a view to establishing a joint committee to review the matter."

[6] In response to this resolution, the provincial and federal Attorneys General were canvassed to see if there was sufficient interest in undertaking a project. As insufficient interest was expressed, nothing further seems to have been done on this topic until 1994 when Saskatchewan presented a resolution that the "Chair of the Criminal Law Section pursue this issue with the chair of the Uniform Law Section". 7 In the ensuing discussions it was decided to obtain an opinion on the constitutionality of any proposed legislation. That opinion, which is discussed in more detail below, was presented to the Conference in 1995.  8 Having decided that the provinces could act, it was decided to commission a paper that would discuss the various legislative options.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018