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Bill C-95

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SUMMARY

This enactment would provide measures in respect of criminal organizations.

The enactment creates an offence of participation in a criminal organization through the commission or furtherance of certain indictable offences for the benefit of the organization. It also provides that, irrespective of whether a murder is planned and deliberate, a murder committed through the use of explosives would be a first degree murder when committed in relation to a criminal organization. The unlawful possession of explosives in relation to a criminal organization would be punishable by imprisonment of up to fourteen years and any sentence awarded would have to be served consecutive to any other sentence. An offender who is convicted of an offence shown to have been committed in relation to a criminal organization will be subject to an increased sentence or period of parole ineligibility. The enactment provides for a new peace bond provision in Part XXVII of the Criminal Code, which applies to persons who present a risk of committing an offence in relation to a criminal organization.

The enactment provides for the forfeiture of property used to commit offences when the offences are committed in relation to a criminal organization as well as for the forfeiture of proceeds of crimes committed in relation to criminal organization offences. The enactment provides for procedural changes in relation to the interception of private communications, searches and seizures and judicial interim release.