INDEX. ABORIGINAL GANGS, 23, criticisms of, , 153, 279, 311, discharging firearm recklessly ALBERTA

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1 INDEX ABORIGINAL GANGS, 23, criticisms of, , 153, 279, 311, discharging firearm recklessly ALBERTA offence, gang activity in, 313 gang peace bonds, amendments to, 171 AUGER, MICHEL, murder, treatment of, BAIL, see REVERSE ONUS passage through Parliament, BAIL PROVISIONS BIKER peace officers, new offences CLOTHING/SYMBOLS against, 170 bans on, 298 purpose of, 167 Hells Angels, of, Vancouver gang war context, wearing of, , 173 BIKER GANGS BILL C-24 generally, see ORGANIZED Auger, shooting of Michel, CRIME; OUTLAW MOTORCYCLE GANGS Charter challenges to, see listing legislation, effects on, CANADIAN CHARTER OF 291 RIGHTS AND FREEDOMS Quebec biker violence, commission of offence for criminal organization (CC s. BIKER WARS, 27 50, (1)) , 173, described, 115 BILL C-14 mental element, British Columbia gang violence context, , physical elements, proof of, elements, 116, 123 Criminal Code amendments content of, generally, 83, 87 in, context of,

2 BILL C-24 (cont d) membership offence, 102 criminal organization participation, see definition (CC s (1)), participation in activities of criminal organization (CC s. elements of, generally, (1)) 84 86, 88 criticisms of, facilitating/committing one broad brush effects, 153 or more serious offences, defence lawyers, effect on, generally, generally, , 156, group of three/more persons, guilt by association issue, group, meaning of, material benefit element, Hells Angels, by, limited effect on Outlaw offences targeted, Motorcycle Gangs, 152, 160 proof of, 85, 87 90, 96 police immunity issue, 157 serious offence, definition police powers, as extension of, of, 151 UN Convention and, 86 enforcement statistics, criminal organization offences, factors influencing enactment commission of offence, see of, 82 commission of offence for House of Commons subcriminal organization (CC s. committee report, (1)) Bloc Quebecois dissenting criminal organization opinion, offence definition, 104 recommendations, described, generally, immunity for peace officers, , enhancer/facilitator accountability, 148 offence, 106 instructing, see instructing discussed, commission of offence for exemption from criminal criminal organization (CC s. liability, 148, (1)) reverse sting operations,

3 BILL C-24 (cont d) protective measures re justice instructing commission of system participants, offence for criminal intimidation offence re organization (CCs (1)) participants/journalists, described, mental element, jurors, threats to, 144 physical elements, justice system participant, proof of, elements, 125, 134 definition, 145 investigative tools to combat witness intimidation, 143 organized crime, tabling of, 78 consecutive sentence, 138 undercover police, see explosives offence, 140 immunity for peace officers murder, first degree, 139 BILL C-95 parole, 140 context of, proceeds of crime and criminal organization, forfeiture, 141 definition, reverse onus bail, 140 criticisms of, sentences, 140 avoidance strategies, special peace bonds, 141 development of, wiretap provisions, civil liberty issues, 63 Minister of Justice addresses generally, re, guilt by association issue, Outlaw Motorcycle Gang war background, passage of, ineffectiveness, participation in activities of peace bonds, 64 criminal organization (CC s. political grandstanding (1)), issue, 68 elements of, table, 114 prosecutions under, knowledge requirement, 111 elements of offence, 56 mental elements, 111 factors influencing enactment physical elements, of, 50 proof of, elements, 107 generally, 51 purpose, investigation provisions,

4 BILL C-95 (cont d) issues in, generally (CC ss. participation/contribution 467.1, , ), offence, peace bond provision, 58, 64 overbreadth issue, penalties under, 56, 57 vagueness issue, police surveillance powers, 59 vagueness doctrine, , purposes of, , 243 Quebec biker violence R. v. Terezakis, background, criminal organisation, definition, 245 reverse onus bail provisions, 60 effect of, seizure provisions, 58 issues in, generally (CC ss , ), BRITISH COLUMBIA group, meaning of, gang activity in, , Hell Angels activities in, 164 knowledge of all elements CANADIAN CHARTER OF of offence issue, 247 RIGHTS AND FREEDOMS knowledge of membership generally, issue, 246 listing criminal organizations, overbreadth issue, 244 Charter issues, 296, 299, 302 reasoning in, 254 murder, sentencing re, 168 vagueness issue, 243 overbreadth doctrine, CRIMINAL CODE , , 244 amendments, see BILL C-14; R. v. Lindsay, BILL C-24; BILL C-95 appeal court decisions, organized crime, approaches to, constitutional issue, CRIMINAL ORGANIZATION, see also criminal organization ORGANIZED CRIME definition, 225 definitions, see BILL C-24; cruel and unusual BILL C-95 punishment issue, judicial notice of criminal mens rea issue, 233 organization,

5 CRIMINAL ORGANIZATION, participation/contribution see also ORGANIZED offence, see BILL C-95 CRIME (cont d) peace officers, offences listing, Charter issues, 296, against, , 302 political cycle of, 174 offences re, see CRIMINAL prosecution considerations, ORGANIZATION see PROSECUTION OFFENCES CONSIDERATIONS proof problems, sentencing, see CRIMINAL SENTENCING ORGANIZATION witness intimidation, 143 OFFENCES Charter issues, see CRIMINAL CANADIAN CHARTER OF ORGANIZATIONS, see RIGHTS AD FREEDOMS LISTING CRIMINAL ORGANIZATIONS; commission of offence for ORGANIZED CRIME criminal organization, see BILL C-24 DEFENCE defence considerations, see CONSIDERATIONS DEFENCE crimes of unindicted gang CONSIDERATIONS members, evidence of, discharging firearm recklessly offence, generally, 189 explosives offence, 140 gang activity in, 312 instructing commission of lawyer payment issue, 204 offence for criminal police witnesses, expert organization, see BILL C-24 opinions of, intimidation offence re admissibility criteria, 191 participants/journalists, drug code words, 190 jurors, threats to, 144 existence/structure of murder, treatment of, 139, criminal organizations, participation in activities of prior criminal history criminal organization, see evidence, 193 BILL C-24 reliability factor,

6 DEFENCE mega trials, 178 CONSIDERATIONS (cont d) GANGS, see ABORIGINAL presumption of innocence GANGS; GANG SWEEPS; issue, 203 ORGANIZED CRIME; wiretap evidence, challenging, OUTLAW MOTORCYCLE GANGS DISCLOSURE, HELLS ANGELS EVIDENTIARY ISSUES MOTORCYCLE CLUB, see also LISTING crimes of unindicted gang CRIMINAL members, evidence of, ORGANIZATIONS; OUTLAW MOTORCYCLE disclosure requirements, GANGS problems re, background and structure of, expert evidence, R. v Lindsay, 323 biker war, prior criminal history evidence, 193 chapters in, wiretap evidence, challenging, clubhouses, criminal activity, methods of, EXPERT OPINIONS criticisms of Bill-24 by, 158 expert evidence, R. v. Lindsay, 323 expert evidence, R. v. Lindsay, 323 expert witness issues, 213 police witnesses, expert membership, opinions of, see DEFENCE money/banking system, 345 CONSIDERATIONS overview, 323, EXPLOSIVES OFFENCE, puppet/support clubs, recruitment, FORFEITURE, 141 reputation, GANG SWEEPS Rock Machine, war with, criticisms of, described, rules of, 332 expense/resources required, security systems, symbols of,

7 HELLS ANGELS collective vs. individual MOTORCYCLE CLUB, see prosecution approaches, 295 also LISTING CRIMINAL colours/symbols bans, 298 ORGANIZATIONS; criminal advertising, effect on, OUTLAW MOTORCYCLE GANGS (cont d) Hells Angels Motorcycle Club territoriality, 336 prosecutions INFORMERS, 182 case law, INNOCENCE, court challenges by, PRESUMPTION OF, INVESTIGATION TOOLS, criminal organization proof see BILL-95; BILL-24; problems, POLICE mainstream INVESTIGATIONS activities/acceptance of, JOURNALISTS, 73 74, provincial inconsistency, 285, JURORS, 144 inter jurisdictional affidavit JUSTICE SYSTEM method, 306 PARTICIPANTS, judicial notice of criminal LAWYERS, see DEFENCE organization, 307 CONSIDERATIONS; mega trials challenges, 289, PROSECUTION 305 CONSIDERATIONS models of, 308 LISTING CRIMINAL ORGANIZATIONS prosecution challenges, alternative judicial techniques, public confidence issue, 288 arguments against, , support for, sources of, studies re, House of arguments for, Commons committee, 282, biker gangs, effect on, 291 Charter challenges, potential, MANITOBA 296, 299, 302 gang activity in,

8 MARITIME PROVINCES violence and bribery, use of, gang activity in, MEGA TRIALS, 178, 289, concept defined, conclusions, MOTORCYCLE GANGS, see cooperation among groups, OUTLAW MOTORCYCLE 3 4 GANGS crimes engaged in, 5 MURDER, 139, Criminal Code amendments approach, NORTHWEST TERRITORIES delayed parole provisions, gang activity in, 313 implementation and OFFENCES, see CRIMINAL enforcement issues, ORGANIZATION OFFENCES Supreme Court decisions, ONTARIO fault in, 371 gang activity in, 314 threshold attainment ORGANIZED CRIME, see issues, also CRIMINAL wiretap provisions, ORGANIZATION; profit purpose of, 4 LISTING CRIMINAL described, generally, 1 9 ORGANIZATIONS; OUTLAW MOTORCYCLE global criminals in Canada, 7 GANGS global phenomenon aspects, 3 Australia, effect/strategies in, legislative solutions, suggestions, characteristics of, listing, see LISTING hierarchical, 17 CRIMINAL limited/exclusive ORGANIZATIONS membership, 18 overview of, 6 monopolistic, 20 prominent organizations, 2 4 non ideological, 16 provincial initiatives, see self perpetuation, 19 PROVINCIAL INITIATIVES specialization/division of strategies to fight, 8 labour, 20 theory re,

9 ORGANIZED CRIME, see gang sweeps, see GANG also CRIMINAL ORGANIZA- SWEEPS TION; LISTING CRIMINAL POLICE INVESTIGATIONS ORGANIZATIONS; OUT- anti gang laws, enforcement LAW MOTORCYCLE statistics/success, GANGS (cont d) challenges, conspiracy theory, Community Response Models enterprise theory, of Policing, adoption of, transnationalization of, United Nations Convention complexities of criminal against, justice system, issues re, 188 definition, evidentiary disclosure described, requirements, problems re, terminology, 14 gang clothing/colours/symbols, OUTLAW MOTORCYCLE wearing of, GANGS, see also HELLS gang sweeps, see GANG ANGELS MOTORCYCLE SWEEPS CLUB informants, use of, 182 described/history of, 316 structuring of, 179 list of gangs, types of, 176 one percenter group, 320 POLICE POWERS, 59, 151 PAROLE PROVISIONS, 140, 262, POLICE SURVEILLANCE POWERS, 59 PEACE BONDS, 58, 64, 141, 171 PROCEEDS OF CRIME, 141 PEACE OFFICERS PROSECUTION CONSIDERATIONS immunity for, see BILL C-24 challenges, , 214 offences against, 170 delay issue, 212 POLICE, see PEACE existence of organization, OFFICERS proof of, POLICE GANG UNITS expert witness issues, 213 creation of, 175 generally,

10 PROSECUTION criminal organization CONSIDERATIONS (cont d) offences, new legislation (Bill-24), generally, 261 effects of, involvement in criminal successful prosecutions, organization as aggravating elements of, factor, PROVINCIAL INITIATIVES murder, 139, 168 asset confiscation, parole eligibility, 140, 262, body armour and fortified vehicle laws, 361 types of, 140 gang colours prohibitions, 362 UNDERCOVER POLICE, generally, membership penalties, 364 UNITED NATIONS CONVENTION, 12 15, 86 municipal bylaws, 356 private trespass laws, 363 QUEBEC Bill-24 and, gang activity in, 315 REVERSE ONUS BAIL PROVISIONS, 60, 140 SASKATCHEWAN gang activity in, 314 SEIZURE, 58 SENTENCING CC ss , , case law, conditional sentences, 261 consecutive sentence, 138 WIRETAP PROVISIONS, , , WITNESSES expert witness issues, 213 police witnesses, expert opinions of, see DEFENCE CONSIDERATIONS witness intimidation,