NCJ Number
198533
Journal
Gazette Volume: 64 Issue: 3 Dated: 2002 Pages: 19-22
Editor(s)
Heather Hamilton
Date Published
2002
Length
4 pages
Annotation
This article outlines the provisions of recent (January 7, 2002) amendments to the Criminal Code of Canada that target organized crime and other enhancements of the tools available to law enforcement.
Abstract
This legislation streamlined the definition of "criminal organization" and created three new offenses that target anyone who participates in or contributes knowingly to any activity of a criminal organization, legal or illegal, for the purpose of enhancing its "ability" to achieve its criminal objectives; is involved in committing indictable offenses for the benefit of, at the direction of, or in association with a criminal organization; or is a leader of a criminal organization. In determining participation in or contribution to a criminal organization, the court is invited to consider whether the accused uses a name, word, symbol, or other identifying representation; or has frequent association, receives benefit, or repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization. Under the new legislation, it is criminal purpose that makes the participation an offense, not whether a person succeeds in this specific intent. It is irrelevant as to whether the participation is connected to an actual offense, since it is an issue of contributing to capacity. Further, the legislation contains an array of new provisions to address the problem of acts of intimidation directed toward "justice system participants." Other provisions pertain to the proceeds of crime, protection from criminal liability for public officers engaged in undercover investigations, the accountability process, and sentences and parole. 8 notes