NCJ Number
89207
Date Published
1980
Length
183 pages
Annotation
The primary recommendation of this study is that Canada adopt legislation similar to America's Racketeer Influenced and Corrupt Organization Act (RICO).
Abstract
Prior to analyzing RICO and its application to criminal activity in Canada, the nature and extent of 'enterprise' crime in Canada are examined, and the state of existing criminal law and civil remedies in Canada is examined. Existing Canadian criminal law has two major limitations in attempting to counteract organized criminal activity. First, it is not directly concerned with the profits of crime or the profit incentive. Deterrence, protection of the public, and rehabilitation are the principles considered at sentencing. Imprisonment, fines, and probation are the mechanisms intended to attain these goals. Within this framework, attempts to remove the profit from crime through sentencing have been sporadic and ineffective. Secondly, existing law is concerned almost exclusively with single transactions committed by individual offenders. This is not adequate to deal with complex, sophisticated, and well-conceived criminal enterprises. For these reasons, Canada should adopt legislation similar to the RICO statute, since, when used properly, it can attack criminal organizations and their movement into legitimate business. The balance of the recommendations deals with the particulars of applying this primary recommendation. The appendixes include the RICO statute, relevant papers, agencies and people contacted for the study, proposals for model act to be adopted by the Provinces, and about 130 bibliographic entries.