Bill C-349: An Act to amend the Criminal Code and to make consequential amendments to other acts (criminal organization)

Criminal Code National Defence Act Corrections and Conditional Release Act First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-349 An Act to amend the Criminal Code and to make consequential amendments to other acts (criminal organization) FIRST READING, April 10, 2017 Mr. Fortin 421385 SUMMARY This enactment amends the Criminal Code to provide that the Governor in Council may establish a list of entities consisting of criminal organizations. It also makes it an offence for anyone to wear the emblem of a listed entity in order to establish his or her membership in such an organization. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-349 An Act to amend the Criminal Code and to make consequential amendments to other acts (criminal organization) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. C-46 Criminal Code 1 Paragraph (a) of the definition criminal organization offence in section 2 of the Criminal Code is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or 2 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxxxv): (lxxxv.‍01) section 467.‍1101 (wearing of emblem — listed entity), 3 Paragraph 185(1.‍1)‍(a) of the Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13; 4 Paragraph 186(1.‍1)‍(a) of the Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13; 5 Paragraph 186.‍1(a) of the Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13; 6 Paragraph 196(5)‍(a) of the Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13; 7 Paragraph 196.‍1(5)‍(a) of the Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍12 or 467.‍13; 8 Paragraph 462.‍48(1.‍1)‍(c) of the Act is replaced by the following: (c) an offence against section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or 9 (1) The definition criminal organization in subsection 467.‍1(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) is a listed entity under section 467.‍101. (2) Subsection 467.‍1(2) of the Act is replaced by the following: Facilitation (2) For the purposes of this section and sections 467.‍11, 467.‍1101 and 467.‍111, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed. 10 The Act is amended by adding the following after section 467.‍1: List of Entities Establishment of list 467.‍101 (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place any entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated an activity of a criminal organization; or (b) the entity is knowingly acting on behalf of, at the direction of or in association with an entity referred to in paragraph (a). Recommendation (2) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)‍(a) or (b). Application to Minister (3) On application in writing by a listed entity, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. Deeming (4) If the Minister does not make a decision on the application referred to in subsection (3) within 60 days after receipt of the application, he or she is deemed to have decided to recommend that the applicant remain a listed entity. Notice of the decision to the applicant (5) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (3). Judicial review (6) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision. Reference (7) When an application is made under subsection (6), the judge shall, without delay (a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person; (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person; (c) provide the applicant with a reasonable opportunity to be heard; and (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity. Evidence (8) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence. Publication (9) The Minister shall cause to be published in the Canada Gazette, without delay, notice of a final order of a court that the applicant no longer be a listed entity. New application (10) A listed entity may not make another application under subsection (3), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Minister has completed the review under subsection (7). Review of list (11) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list. Completion of review (12) The Minister shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, he or she shall cause to be published in the Canada Gazette, without delay, notice that the review has been completed. Definition of judge (13) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. Mistaken identity 467.‍102 (1) An entity claiming not to be a listed entity may apply to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not a listed entity. Issuance of certificate (2) The Minister shall, within 15 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not a listed entity. 11 Subsection 467.‍11(3) is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) wears the emblem of a criminal organization. 12 The Act is amended by adding the following after section 467.‍11: Wearing of emblem — listed entity 467.‍1101 Every person who knowingly wears the emblem of a listed entity referred to in paragraph c) of the definition criminal organization in subsection 467.‍1(1) in order to establish his or her membership in that organization is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. 13 Section 467.‍14 of the Act is replaced by the following: Sentences to be served consecutively 467.‍14 A sentence imposed on a person for an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections. 14 (1) Paragraph 467.‍2(1)‍(a) of the Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101 or 467.‍111; or (2) Subsection 467.‍2(2) of the Act is replaced by the following: Powers of the Attorney General of a province (2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13 or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act. 15 Paragraph 486.‍5(2.‍1)‍(a) of the Act is replaced by the following: (a) an offence under section 423.‍1, 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization; 16 Paragraph 487.‍015(4)‍(b) of the Act is replaced by the following: (b) within one year after the day on which the order is made, in the case of an offence under section 467.‍11, 467.‍1101, 467.‍12 or 467.‍13, an offence committed for the benefit of, at the direction of or in association with a criminal organization, or a terrorism offence. 17 Paragraph (a.‍1) of the definition primary designated offence in section 487.‍04 of the Act is amended by adding the following after subparagraph (xiv): (xiv.‍01) section 467.‍1101 (wearing of emblem — listed entity), 18 Subparagraph 515(6)‍(a)‍(ii) of the Act is replaced by the following: (ii) that is an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization, 19 Subsections 743.‍6(1.‍1) and (1.‍2) of the Act are replaced by the following: Exception in the case of a criminal organization (1.‍1) Notwithstanding section 120 of the Corrections and Conditional Release Act, if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less. Power of court to delay parole (1.‍2) Notwithstanding section 120 of the Corrections and Conditional Release Act, if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence or an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act. R.‍S.‍, c. N-5 National Defence Act 20 Paragraph (a) of the definition criminal organization offence in section 2 of the National Defence Act is replaced by the following: (a) an offence under section 467.‍11, 467.‍1101, 467.‍111, 467.‍12 or 467.‍13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or 1992, c. 20 Corrections and Conditional Release Act 21 Subsection 133(4.‍1) of the Corrections and Conditional Release Act is replaced by the following: Residence requirement (4.‍1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.‍11, 467.‍1101, 467.‍12 or 467.‍13 of the Criminal Code. Published under authority of the Speaker of the House of Commons