Mr. Speaker, I am very pleased to rise today and have the opportunity to participate in the second reading debate of Bill C-526. The bill is an important initiative to strengthen the Criminal Code's treatment of organized crime and terrorism offences and is one that the government supports.

It is without doubt that organized crime and terrorism offences are among the most serious in Canada. One need look no further than the April 2013 arrests of individuals in Toronto and Montreal for alleged terrorism offences to know that the threat of terrorism is ongoing and ever-present. The terrorist threats Canadians face at home are most often connected with and inspired by developments in terrorist threats abroad. Homegrown violent extremists have been involved in attempts to recruit supporters, raise funds, or acquire other forms of support.

At the same time, organized crime has become increasingly widespread and sophisticated. Organized crime groups, including street gangs, exist in almost every region of the country and are involved in numerous illegal markets. In 2011 CSIS, Canada's criminal intelligence service, identified 729 organized groups in Canada. They estimate that illegal drugs make up 57% of the illegal marketplace in Canada. Financial crime, human trafficking, migrant smuggling, and the illegal movement of firearms, tobacco, and vehicles are also lucrative for organized crime in Canada. Criminal organizations also target vulnerable youth and recruit them into gangs to carry out illicit activities.

Bill C-526 complements the work already undertaken by our government to strengthen the Criminal Code's response to organized crime and terrorism.

With respect to organized crime, our government has introduced a number of other pieces of legislation. In 2008, Parliament enacted Bill C-2, the tackling violent crime act, which increased some mandatory minimum penalties for gun crimes linked with organized crime. In 2009, Bill C-14, an act to amend the Criminal Code with regard to organized crime and protection of justice system participants, was enacted. It deemed murders committed on behalf of criminal organizations to be first degree murder and created a new offence targeting drive-by shootings. Bill C-10, the safe streets and communities act, became law in 2012. It enacted mandatory minimum penalties for serious drug crimes, including those linked to organized crime.

The government has also introduced two bills to address terrorism. Bill S-7, the combatting terrorism act, came into force on July 15, 2013, and added four new terrorism offences to the Criminal Code. Bill S-9, the nuclear terrorism act, also created four new offences and came into force on November 1, 2013.

Bill C-526 proposes to provide further direction to the courts by adding to the existing enumerated list of aggravating factors that should be considered when sentencing an offender. It would create a new aggravating factor that would apply to sentencing when there is evidence that an offence was connected in any way to a group of three or more persons with a common purpose of facilitating or committing an offence under the Criminal Code or any other act of Parliament. This means that judges all across Canada would be able to justify the imposition of a serious penalty in cases of groups of three or more committing an offence together.

Bill C-526 also proposes to take two of the existing aggravating factors, those being terrorism and organized crime offences, and elevate them to a new category of serious aggravating factors, indicating to the courts that these offences should be treated more seriously than the other aggravating factors.

This codification of aggravating factors plays an important role in the ongoing dialogue between Parliament and the courts. They provide legislative direction to the courts that Parliament intends that in crimes in which these factors are present, a stiffer sentence should be imposed.

In situations where a prosecutor chooses to rely upon an aggravating factor in sentencing, and that factor has not been established during the trial as part of the offence for which the accused is convicted, the prosecutor must establish it beyond a reasonable doubt at the sentencing stage. In cases involving organized crime that are not charged under one of the specific organized crime offences, generally the onus is on the prosecutor to prove the existence of a criminal organization at the sentencing stage if it was not proven during the trial. In some cases, this can be challenged. For example, when there is no witness willing to testify as to the existence of a criminal organization, the crown must rely on evidence such as wire taps or undercover operations, which can be dangerous, expensive, and time-consuming endeavours.

It could appear that the new aggravating factors are simply a legislative attempt to sidestep the evidentiary hurdle by introducing a new aggravating factor that does not contain this requirement. This is not the case. There are important distinctions between the organized crime aggravating factor and the proposed factor we are debating today. While there is some overlap between the two, they describe two different situations.

The new aggravating factor would include situations where there is evidence that an offence was connected, in any way, to a group of three or more persons with the common purpose of facilitating or committing an offence under the Criminal Code or any other act of Parliament. While the existing organized crime factor may overlap with this new aggravating factor, the new factor would actually go beyond and capture a much broader range of offences and would directly address the serious issue of co-offending.

Group crimes, like organized crime offences, involve three or more individuals who plot together to commit a crime. The distinction between the two is that in organized crime situations, there always has to be a structured criminal organization, and the motive for committing the crime is to obtain a material benefit for the group or for a member of the group.

The new aggravating factor is much broader. It would capture random groups of people who form a common intent to commit any crime for any purpose, not just for material benefit. It would capture crimes such as group sexual assaults or hate crimes committed by a gang of racists, to name a few. It is easy to see that the two aggravating factors are really quite distinct.

It is important to keep in mind that a crime committed by a group has the potential to be more dangerous and more serious than a crime committed by a single person. For example, compare a traditional mugging, by a single offender, and a swarming, where a gang of individuals descends upon a victim to either rob or assault the victim. In many cases, the victim is far more likely to be overpowered and seriously injured than if confronted by just one person. Both types of crime are terrible, but when we multiply the number of people involved in an offence, the level of risk to the safety of the victim can quickly escalate.

Bill C-526, introduced by the member for Fort McMurray—Athabasca, would strengthen the Criminal Code and provide clarity in police investigations when dealing with crimes involving three or more persons. “Three or more persons” has already been set as having precedence in the Criminal Code under section 63(1), which anyone can find.

In closing, I encourage all members to support this bill and vote in favour of it moving forward to committee.

David Wilks

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