Bill C-95

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-95
	An Act to amend the Criminal Code (criminal organizations) and to amend other Acts in consequence
Preamble	Whereas the use of violence by organized criminal gangs has resulted in death or injury to several persons, including innocent bystanders, and in serious damage to property;
	Whereas Canadians who have witnessed the extent and the indiscriminate nature of that violence demand that means be taken to bring that violence and destruction to an end;
	Whereas the Parliament of Canada acknowledges the calls from those responsible for the administration of criminal justice to provide better means to deal with gang-related violence and crime;
	Whereas the Parliament of Canada recognizes that the criminal activities of criminal organizations pose a threat to public order and to the safety of individual Canadians;
	Whereas the Parliament of Canada recognizes that criminal organizations exist in great part for the purpose of carrying out criminal activities aimed at acquiring property;
	Whereas the Parliament of Canada recognizes the importance of depriving criminal organizations and their members of the proceeds of their criminal activities and of the means used to carry out those activities;
	Whereas the Parliament of Canada recognizes the importance of deterring those criminal organizations and their members from resorting to violence to further their criminal objects;
	Whereas the Parliament of Canada recognizes the need to provide law enforcement officials with effective measures to prevent and deter the commission of criminal activity by criminal organizations and their members, to investigate and prosecute such activity and to forfeit the proceeds of such criminal activity;
	And whereas the Parliament of Canada recognizes that the measures provided for must be consistent with the principles set out and the rights guaranteed in the Canadian Charter of Rights and Freedoms;
	Now Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 8, 16, 19, 31, 34	criminal code
	*1. Section 2 of the Criminal Code* is amended by adding the following in alphabetical order:**
``criminal organization'' « gang »	``criminal organization'' means any group, association or other body consisting of five or more persons, whether formally or informally organized,
	(a) having as one of its primary activities the commission of an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, and
	(b) any or all of the members of which engage in or have, within the preceding five years, engaged in the commission of a series of such offences;
``criminal organization offence'' « acte de gangstéris- me »	``criminal organization offence'' means
	(a) an offence under section 467.1 or an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more, or
	(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);
``offence- related property'' « bien infraction- nel »	``offence-related property'' means any property, within or outside Canada,
	(a) by means of or in respect of which a criminal organization offence is committed,
	(b) that is used in any manner in connection with the commission of a criminal organization offence, or
	(c) that is intended for use for the purpose of committing a criminal organization offence,
	but does not include real property, other than real property built or significantly modified for the purpose of facilitating the commission of a criminal organization offence;
R.S., c. 27 (1st Supp.), s. 12	2. Section 82 of the Act is replaced by the following:
Possession without lawful excuse	82. (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Possession in association with criminal organization	(2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Sentences to be served consecutively	82.1 A sentence imposed on a person for an offence under subsection 82(2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection 82(2).
	3. The definition ``offence'' in section 183 of the Act is amended by
	(a) adding, in numerical order after the reference to ``462.31(laundering proceeds of crime)'', a reference to ``467.1(participation in criminal organization)'';
	*(b) striking out the words ``or that is an offence mentioned in section 20 of the Small Loans Act, chapter S-11 of the Revised Statutes of Canada, 1970,''; and*
	(c) adding at the end of the definition, the words ``or any other offence created by this or any other Act of Parliament for which an offender may be sentenced to imprisonment for five years or more that there are reasonable grounds to believe is committed for the benefit of, at the direction of or in association with a criminal organization''.
	4. Section 185 of the Act is amended by adding the following after subsection (1):
Exception for criminal organizations	(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to
	(a) an offence under section 467.1; or
	(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.
	5. Section 186 is amended by adding the following after subsection (1):
Exception for criminal organizations	(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to
	(a) an offence under section 467.1; or
	(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.
	6. The Act is amended by adding the following after section 186:
Time limitation in relation to criminal organizations	186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to
	(a) an offence under section 467.1; or
	(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.
	7. Section 196 of the Act is amended by adding the following after subsection (4):
Exception for criminal organization	(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to
	(a) an offence under section 467.1, or
	(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization,
	and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
	8. Section 231 of the Act is amended by adding the following before subsection (7):
Using explosives in association with criminal organization	(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 81 for the benefit of, at the direction of or in association with a criminal organization.
	9. (1) Paragraph (a) of the definition ``enterprise crime offence'' in section 462.3 of the Act is amended by striking out the word ``or'' at the end of subparagraph (xxii), by adding the word ``or'' at the end of subparagraph (xxiii) and by adding the following after subparagraph (xxiii):
	(xxiv) section 467.1 (participation in criminal organization),
	(2) The definition ``enterprise crime offence'' in section 462.3 of the Act is amended by adding the following after paragraph (a):
	(a.1) any indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more,
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(a)	(3) Subparagraphs (b)(i) and (ii) of the definition ``enterprise crime offence'' in section 462.3 of the Act are replaced by the following:
	(i) the commission in Canada of an offence referred to in paragraph (a) or (a.1) or a designated substance of fence, or
	(ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a) or (a.1) or a desig nated substance offence,
1993, c. 37, par. 32(a)	(4) Paragraph (c) of the definition ``enterprise crime offence'' in section 462.3 of the Act is replaced by the following:
	(c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (a.1), (b) or (b.1);
	10. (1) Subsection 462.48(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):
	(c) an offence against section 467.1 or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such an offence,
R.S., c. 42 (4th Supp.), s. 2	(2) Paragraph 462.48(2)(d) of the Act is replaced by the following:
	(d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in paragraph (1)(a), (b) or (c) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.
	11. The Act is amended by adding the following after section 467:
Participation in criminal organization	467.1 (1) Every one who
	(a) participates in or substantially contributes to the activities of a criminal organization knowing that any or all of the members of the organization engage in or have, within the preceding five years, engaged in the commission of a series of indictable offences under this or any other Act of Parliament for each of which the maximum punishment is imprisonment for five years or more, and
	(b) is a party to the commission of an indictable offence for the benefit of, at the direction of or in association with the criminal organization for which the maximum punishment is imprisonment for five years or more
	is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Sentences to be served consecutively	(2) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).
Powers of the Attorney General of Canada	467.2 (1) Notwithstanding the definition of ``Attorney General'' in section 2, the Attorney General of Canada may conduct proceedings in respect of a criminal organization offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act, and, for that purpose, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.
Powers of Attorney General of a province	(2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in subsection 467.1(1) or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.
	12. Subsection 487(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(c.1) any offence-related property,
	13. Section 487.01 of the Act is amended by adding the following after subsection (5):
Notice after covert entry	(5.1) A warrant issued under subsection (1) that authorizes a peace officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (3), that notice of the entry and search be given within any time after the execution of the warrant that the judge considers reasonable in the circumstances.
Extension of period for giving notice	(5.2) Where the judge who issues a warrant under subsection (1) or any other judge having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (5.1) is to be given, is satisfied that the interests of justice warrant the granting of the application, the judge may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
	14. The Act is amended by adding the following after section 487.2:
Order denying access to information used to obtain search warrant	487.3 (1) A justice or judge may, on application made at the time of issuing a warrant or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant on the ground that
	(a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and

Bill C-95

BILL C-95