Government of Canada enacts new regulations to help fight organized Crime

August 04, 2010

The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, accompanied by Senator Pierre-Hugues Boisvenu, today announced the enactment of new regulations to strengthen the ability of law enforcement to fight organized crime.

"The fact that an offence is committed by a criminal organization makes it a serious crime," stated Minister Nicholson. "These regulations will help ensure that police and prosecutors can make full use of the tools in the Criminal Code that are specifically targeted at tackling organized crime."

Currently some of the criminal acts perpetrated by organized crime groups do not meet the definition of "serious offence" under subsection 467.1(1) of the Criminal Code because they are not indictable offences punishable by sentences of five years or more. This means that in certain cases police and prosecutors cannot use the specific, powerful, and appropriate Criminal Code offences that prohibit organized crime activity or the many special procedures available in organized crime investigations and prosecutions in areas such as peace bonds, bail, wiretaps, proceeds of crime and parole eligibility.

These new regulations will help address this problem by identifying as serious offences such organized crime signature activities as illegal gambling and specific prostitution and drug-related crimes. Police and prosecutors will thus be better able to respond to organized crime and ensure that penalties are proportionate to the increased threat to public safety that organized crime activities present. Offenders convicted of the specific organized crime offences must serve their sentences consecutively to any other punishment imposed.

"This is another step in our Government's efforts to disrupt criminal enterprises," said Senator Boisvenu. "We stand firm in our commitment to protect Canadians, stand up for victims and fight organized crime in this country, whatever form it may take."

The Government has taken definitive legislative action to fight organized crime including:

• making all murders committed in connection with organized crime first-degree murders;
• creating a new offence to target drive-by and other reckless shootings;
• strengthening the gang peace bond provisions;
• creating new offences to target identity theft;
• toughening bail provisions and penalties for crimes that are committed with guns and are linked to organized crime;
• eliminating the availability of conditional sentences for persons convicted of certain criminal organization offences;
• proposing mandatory penalties for organized drug crimes; and,
• proposing new offences to target auto theft and the trafficking of property obtained by crime.