week 10 anti-gang legislation Flashcards
bill c-95
Response to a Quebec attorney general plea trying to address the Biker War between the Rock Machine and the Hells Angels on the eve of an election
Introduced after the murder of an 11 y/o boy
Violent war between HA and Rock Machine - federal election age
Tragic MTL happening - 11 y/o boy murdered via car bomb intended for criminals
This raised concern about law abiding citizens, triggered a reactions, attorney general wanted a way to deal with the MTL gang war
1st attempt did not go well - this legislation was part of a committee
2000 - gov’t decided to make an amendment after the attempt of a crime reporter
Perception regarding anti gang legislation + amendment
Politicians needed something emotional to happen in order for them to act
Negative aspect of this kind of reaction
Protest followed by a tragedy was the catalyst calling people in power to act and help those
bill c-22
Created to combat money laundering
Proceeds of Crime and Terrorist Financing Act
Shared info with law enforcement across Canada
Established FINTRAC
what did bill c-95 make illegal, and what is the 5-5-5 rule?
Bill C-95 created a new offence: participation in a criminal organisation
Criminal organised = any group/association/body consisting of five or more persons, whether formally or informally organised and met 2 requirements
1 - have as one of its primary activities the commission of an indictable offence under this or any other Act of Parliament for which the max punishment is imprisonment for 5 years or more
2 - 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
The 5-5-5 legislation
why was bill c-95 unsuccessful?
C-95 was the first attempt to introduce anti-gang legislation
New offence was participating in criminal activity
This bill introduced the concept of PARTICIPATION IN CRIMINAL ACTIVITY
The Italian approach criminalises membership. In Canada, the participation is not criminalised
The crown must be able to prove participation and then use their legislation to increase punishment
This means that the membership is not a stand alone crime, but more an accessory crime
This first attempt failed!
Why?
Criminal organisation means (by the C-95) is a group of 5 or more persons, whether formally or informally organised has to meet 2 requirements (mentioned above)
The definition is weird-why 5? Previous definitions mentioned 3 or more people involved. Other world definitions established 3 or more peoples involved.
They have to be involved in ‘serious crimes’ such as extortion, fraud, corruption, murder, etc.
Only one member of the group has to have a criminal record
Having to prove that one person had a previous conviction is also weird
5-5-5 is not effective, this did not pass the test in courts, heavily criticised, gov’t forced to amend this legislation
bill c-24
Defined criminal organisations, making the definition clearer and precise in scope
Changed in 3 ways:
1 - reducing the people required to constitute a criminal organisation from 5 to 3 members
2 - removing the previous requirement of at least one member of the org to be involved in crime in the last 5 years
3 - extending the scope of offences that define criminal organisations
Was previously limited to indictable offences punishable by 5 years, but now includes all serious crimes
The criminal code explicitly states that a criminal org does not include a group of individuals who form randomly for the sole purpose of immediately committing a single offence
2001 - gov’t acknowledged the faults of Bill C-95
This change was a major improvement, this is the current definition and anti-gang legislation
Formally or informally organised - how can you be organised crime if you are informally organised?
The point is that they are formally organised, OC is not random crime, this definition was wrong!
Sometimes taking action is not enough, we need to implement the RIGHT legislation
section 467.11
States that the least serious offence related to criminal organisations is needed
This offence consists of participating in or contributing to any activity of a criminal organisation with the intent of enhancing its ability to facilitate or commit an indictable offence
This is one of the new serious offences
section 467.12
Another special offence related to criminal organisations is created under this act
This offence involves committing an indictable offence for the benefit of, at the direction of, or in association with a criminal organisation
People participate AND commit crimes within OCGs
section 467.13
The most serious of the three special criminal organisation offences - aimed primarily at the leaders of OCGs
Makes it so that a criminal offence for a member of an OCG to knowingly instruct any person to commit an offence for the benefit of/at the direction of/in association with the organisation
C-95 was an attempt to introduce legislation, this failed, then there was the amendment (C-24), and then introduced the three offences (committing, participating, and instructing)
Our charter guarantees the freedom of association, this is an obstacle in criminalising membership
controlled drugs and substances act (1996)
Replaced the Narcotic Control Act and Part III and IV of the Food and Drug Act
Established eight schedules of controlled substances and two classes of precursors
Challenge for law enforcement, molecules can be changed within drugs
Opium act in 1908, 1996 was a new amendment (mentioned above)
bill c-10
Introduced mandatory minimum sentences for offences relating to the trafficking and production of various controlled sentences
Mandatory minimum sentencing does not apply to simple possession and trafficking in smaller amounts
The cannabis act came into effect (legalisation of the possession, sale, and production)
Everyone with a criminal record for cannabis can apply for a pardon
The gov’t is licensed to produce and sell cannabis, they oversee the quality
This did not stop the illegal market, criminals provide stronger or cheaper marijuana, especially for minors
Selling pot through licensed stores have rules, organised crime does not
R. v Campbell (J.) and Shirose (S.)
Supreme Court of Canada overturned conviction of Campbell and Shirose for conspiracy to traffic in a narcotic and conspiracy to possess a narcotic for the purpose of trafficking
Under PCMLTA reporting entities have four main obligations:
Establish a compliance program
Identify and verify clients
Maintain certain specified records
Report certain specified transactions
Consequences of non compliance are severe such as fines and imprisonment
reporting entities
Reporting entities
The proceeds of money laundering and terrorist financing act applies to reporting entities (financial institutions, credit unions, life insurance companies, loan companies, securities dealers, foreign exchange dealers, money services businesses, casinos, and real estate people)
Canadian business corporation
requires any federally incorporated corporation that meets certain criteria to keep a register of information on beneficial ownership
shell companies
Shell companies = a company incorporated having no significant assets or operations
Formed to act as a trustee or to deal with trust
A flexible form of enterprise that blends elements of partnership and corporate structures
How to create a shell company
1. Choose a tax haven
2. Create a corporation
3. Hire a nominee to run affairs
Canada has become an offshore destination for ‘snow washing’
We have opaque jurisdictions that allow owners of private companies to remain anonymous and the firms to remain private
