Bill C-279: An Act to amend the Criminal Code (criminal organizations)

R.S., c. C-46 Criminal Code 1 The definition criminal organization in subsection 467.1(1) of the Criminal Code is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) has as one of its purposes or main activities the facilitation or commission of one or more serious offences that, if committed, could result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group; and (c) is an entity on the list established under section 467.101. 2 The Act is amended by adding the following after section 467.1: Establishment of list of entities 467.101 (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place, on the recommendation of the Minister of Public Safety and Emergency Preparedness, any entity if the Governor in Council is satisfied that there are reasonable grounds to believe that the entity, knowingly (a) has had someone carry out on its behalf, or pretending to act on its behalf, participate in or facilitate an activity of a criminal organization; or (b) is acting on behalf of, at the direction of or in association with an entity referred to in paragraph (a). Recommendation (2) The Minister may recommend that an entity be placed on the list only if the Minister has reasonable grounds to believe that it 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 it 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, the Minister is deemed to have decided to recommend that the entity remain listed. Notice of the decision to the applicant (5) The Minister shall give notice without delay to the listed entity of any decision taken or deemed to have been taken respecting its application under subsection (3). Application for judicial review (6) Within 60 days after the receipt of the notice of the decision referred to in subsection (5), the listed entity may apply to a judge for judicial review of the decision. Judicial review (7) When an application is made under subsection (6), the judge shall (a) examine, in private, any security or criminal intelligence reports considered in adding the applicant to the list and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at the Minister's 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 their 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 (11). Review of list (11) Five years after the establishment of the list referred to in subsection (1), and every five 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 listed and shall make a recommendation to the Governor in Council as to whether the entity should remain listed. 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, the Minister 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 the Minister is satisfied that the entity is not a listed entity. 3 Paragraph 467.11(3)(b) of the Act is replaced by the following: (b) frequently associates with any of the persons who constitute the criminal organization or is a known member of the criminal organization ;