Government of Canada Public Safety Initiatives Solicitor General Canada Department of Justice Canada 2001 Annual Conference of the Canadian Association of Police Boards 1
Presentation Overview Organized crime policy initiatives Organized crime legislation Other legislative measures Crime prevention and law enforcement initiatives 2
Organized Crime: A Commitment at All Levels A key priority for the Government of Canada A federal-provincial-territorial commitment National Agenda to Combat Organized Crime National and regional coordination Research and analysis Communications Legislation 3
National and Regional Coordination Working with the police community to address: National priorities (illegal drugs, outlaw motorcycle gangs, economic crime, high-tech crime, money laundering) Other emerging concerns (street gangs, intimidation, auto theft, corruption) 4
Research and Analysis Bridging the knowledge gap through: Establishing a national data collection framework Developing an impact assessment A study of criminal markets and economic dimensions Seeking the engagement of the police community 5
Communications and Public Education Shared key messages Where do Canadians stand on the issue of organized crime? 6
Organized Crime Legislation C-24 An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts Other legislative initiatives 7
Bill C-24 Introduced in April 2001 Responds to the need to provide effective new tools to assist efforts to address organized crime and to assist law enforcement generally Extensive policy work and consultation 8
C-24 - Legislative Initiatives Measures to improve protection from intimidation for persons playing a role in the justice system Measures to create an accountable process to protect law enforcement officers from criminal liability for certain otherwise illegal acts committed in the course of an investigation Provisions to broaden the powers of law enforcement to forfeit the proceeds of crime and to seize property used in a crime New offences targeting involvement in criminal organizations 9
C-24 - Protection from Intimidation Increased maximum penalty under existing 423 (intimidation) as well as new 423.1 (intimidation of justice system participant or journalist) Greater protection of jurors by limiting access to names, addresses and occupations of potential jurors 10
C-24 Protection from Criminal Liability for Law Enforcement Supreme Court judgement in Campbell and Shirose (April 1999) No inherent immunity for police for good faith action in the course of investigations Parliament to provide any needed exemptions through legislation Significant negative effect on law enforcement White Paper (June 2000) 11
C-24 Protection from Criminal Liability for Law Enforcement (Cont.) C-24 provides justification to a public officer (peace officer) or person acting under the direction of a public officer if: 1) Investigating criminal activity or offence under federal statute 2) Designated by a competent authority 3) Reasonable and proportional 12
C-24 Protection from Criminal Liability for Law Enforcement (Cont.) Not all acts permitted Some entirely excluded (e.g. murder and sexual offences) Others require special authorization (e.g. serious loss or damage to property) Enhanced accountability structure Internal reporting Public annual report Notification of serious loss or damage to property Full Parliamentary review after three years 13
C-24 Proceeds of Crime and Offence-Related Property Expansion of application of proceeds of crime provisions to all federal indictable offences Expansion of definition of offence-related property to include property related to all indictable offences and real property New powers to enforce foreign confiscation orders 14
C-24 New Criminal Organization Provisions In 1997, Bill C-95 defined criminal organization under the Code and created a special criminal organization offence (467.1) C-24 includes a new simplified definition of criminal organization that is consistent with international consensus (e.g. Transnational Convention Against Organized Crime) 15
C-24 New Criminal Organization Provisions (cont.) Three new offences: 1) Participation in or contribution to the activities of a criminal organization 2) Commission of an indictable offence for the benefit of, at the direction of, or in association with a criminal organization 3) Instructing the commission of an offence for the benefit of, at the direction of, or in association with a criminal organization 16
C-24 - Conclusion Bill C-24 has been passed by the House of Commons and awaits review by the Senate If passed, training will be key for all aspects of the Bill 17
Other Legislative Initiatives Disarming police officers Measures to protect children in C-15 Injuring or endangering police animals Communicable disease notification Immigration and Refugee Protection Act 18
Disarming Police Officers Bill C-15 would make it an offence to take away or attempt to take away a police officer s weapon Bill C-15 is at the debate at second reading stage in the House of Commons 19
Measures to Protect Children C-15 contains several new provisions for the protection of children: Against Internet luring Against the transmission, posting or exporting of child pornography on the Internet or possession for any of these purposes Against knowingly accessing child pornography on the Internet Allowing judicial orders for the deletion of child pornography from websites and the forfeiture of computer materials and equipment 20
Injuring or Endangering Police Animals Currently a summary conviction offence to kill, maim, wound, poison or injure animals Bill C-15 would make injuring or endangering animals a hybrid offence with a penalty of up to five years imprisonment The new offence, and the more serious penalty, would apply equally to police animals 21
Communicable Disease Notification Private Member s Bill C-217 currently before Parliament Reintroduction of Bill C-244 Advocates search warrant to obtain and test blood samples when persons of designated functions may have been infected by certain viruses (e.g. HIV, Hep. B&C) Concerns have been raised regarding human rights and about the effectiveness of such testing 22
Immigration and Refugee Protection Act Bill C-11 re-tabled by CIC Minister in February 2001 Provisions include: New offence to deal with trafficking in persons Stiffer penalties for immigration offences Extending proceeds of crime legislation to immigration offences More effective laws to deal with the use of fraudulent documents 23
Other Issues Sexual victimization of children Raves Auto theft 24
Conclusion An ongoing partnership between the Government of Canada and the CAPB 25