An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
Full Document:
Assented to 2001-12-18
Marginal note:1997, c. 23, s. 6
7. Section 186.1 of the Act is replaced by the following:
Marginal note:Time limitation in relation to criminal organizations
186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to
(a) an offence under section 467.11, 467.12 or 467.13; or
(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
Marginal note:1997, c. 23, s. 7
8. Subsection 196(5) of the Act is replaced by the following:
Marginal note:Exception for criminal organization
(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to
(a) an offence under section 467.11, 467.12 or 467.13, or
(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization,
and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
Marginal note:1997, c. 23, s. 8
9. (1) Subsection 231(6.1) of the French version of the Act is replaced by the following:
Marginal note:Usage d’explosifs par une organisation criminelle
(6.1) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque la mort est causée au cours de la perpétration ou de la tentative de perpétration d’une infraction prévue à l’article 81 au profit ou sous la direction d’une organisation criminelle, ou en association avec elle.
(2) Section 231 of the Act is amended by adding the following after subsection (6.1):
Marginal note:Intimidation
(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.
Marginal note:2000, c. 12, par. 95(b)
10. Subsection 423(1) of the Act is replaced by the following:
Marginal note:Intimidation
423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.
11. The Act is amended by adding the following after section 423:
Marginal note:Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
(a) a group of persons or the general public in order to impede the administration of criminal justice;
(b) a justice system participant in order to impede him or her in the performance of his or her duties; or
(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
Marginal note:Prohibited conduct
(2) The conduct referred to in subsection (1) consists of
(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
Marginal note:Punishment
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.
12. (1) Section 462.3 of the Act is renumbered as subsection 462.3(1).
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1993, c. 46, s. 5; 1994, c. 44, s. 29; 1995, c. 39, s. 151; 1997, c. 18, s. 27, c. 23, s. 9; 1998, c. 34, s. 9(1); 1999, c. 5, ss. 13, 52
(2) The definition “enterprise crime offence” in subsection 462.3(1) of the Act is repealed.
Marginal note:1996, c. 19, s. 68(2)
(3) The definition “designated substance offence” in subsection 462.3(1) of the English version of the Act is repealed.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1993, c. 37, par. 32(b); 1996, c. 19, par. 70(b)
(4) The definition “proceeds of crime” in subsection 462.3(1) of the Act is replaced by the following:
“proceeds of crime”
« produits de la criminalité »
“proceeds of crime” means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of
(a) the commission in Canada of a designated offence, or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
Marginal note:1996, c. 19, s. 68(2)
(5) The definition “infraction désignée” in subsection 462.3(1) of the French version of the Act is replaced by the following:
« infraction désignée »
“designated offence”
« infraction désignée »
a) Soit tout acte criminel prévu à la présente loi ou une autre loi fédérale, à l’exception des actes criminels désignés par règlement;
b) soit le complot ou la tentative en vue de commettre un tel acte ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.
(6) Subsection 462.3(1) of the English version of the Act is amended by adding the following in alphabetical order:
“designated offence”
« infraction désignée »
“designated offence” means
(a) an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or
(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);
(7) Section 462.3 of the Act is amended by adding the following after subsection (1):
Marginal note:Regulations
(2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition “designated offence” in subsection (1).
Marginal note:Powers of Attorney General of Canada
(3) Notwithstanding the definition “Attorney General” in section 2, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.
Marginal note:Powers of Attorney General of a province
(4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence 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.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(c)
13. Paragraphs 462.31(1)(a) and (b) of the Act are replaced by the following:
(a) the commission in Canada of a designated offence; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
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