New Zealand and Manitoba Unexplained Wealth Law: Surveying the Rights Landscape
摘要
Amidst the panoply of tools deployed in the contemporary financial war on crime, unexplained wealth mechanisms have begun to feature prominently. Such mechanisms are thought central to the strengthening of strategic assaults on assets and property linked to criminal activity. That strengthening typically results from the altering of the traditional rules of engagement in the context of property entitlements tainted by allegations of crime. Unexplained wealth devices generally provide that liability to forfeiture attaches to property upon satisfaction of a low standard of proof and that, to retain ownership, property owners must meet a different, higher, standard. As with all tools devised to confront crime, unexplained wealth regimes ought to comply with the rule of law. Since the fight against finance has been ongoing for several decades, many other modern instruments have been vetted through court challenges for their congruence with rights-based norms and the rule of law. Fresh and new to the discourse, the rights-based story of unexplained wealth law is merely beginning to unfold. This chapter explores this emerging story. Consistent with the theme of this volume, it locates unexplained wealth mechanisms within the wider context of the financial war on crime. Organised around two representative models—New Zealand and the Canadian province of Manitoba—it charts the central features of unexplained wealth devices and the alteration of the conventional rules of engagement. Against that backdrop, the essay identifies potential themes of collusions with the rule of law. It begins with an introduction to the new devices.