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:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(f)
21. Section 462.39 of the Act is replaced by the following:
Marginal note:Inference
462.39 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.
Marginal note:R.S., c. 42 (4th Supp.), s. 2
22. (1) Paragraph 462.41(2)(c) of the Act is replaced by the following:
(c) set out the designated offence charged and a description of the property.
Marginal note:1997, c. 18, subpar. 140(d)(ii)
(2) Paragraph 462.41(3)(a) of the Act is replaced by the following:
(a) a person who is charged with, or was convicted of, a designated offence, or
Marginal note:1997, c. 18, subpar. 140(d)(iii)
23. (1) Paragraph 462.42(1)(a) of the Act is replaced by the following:
(a) a person who is charged with, or was convicted of, a designated offence that was committed in relation to the property forfeited, or
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(i)
(2) Subsection 462.42(4) of the English version of the Act is replaced by the following:
Marginal note:Order declaring interest not subject to forfeiture
(4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any designated offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.
24. Section 462.43 of the Act is renumbered as subsection 462.43(1) and is amended by adding the following:
Marginal note:Property outside Canada
(2) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j)
25. Section 462.47 of the Act is replaced by the following:
Marginal note:No civil or criminal liability incurred by informants
462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(k); 1997, c. 23, s. 10(1)
26. (1) Subsection 462.48(1) of the Act is replaced by the following:
Definition of “designated substance offence”
462.48 (1) In this section, “designated substance offence” means
(a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; 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).
Marginal note:Disclosure of income tax information
(1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to
(a) a designated substance offence;
(b) an offence against section 354 or 462.31 where the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
(i) the commission in Canada of a designated substance offence, or
(ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence; or
(c) an offence against section 467.11, 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.
Marginal note:R.S., c. 42 (4th Supp.), s. 2
(2) The portion of subsection 462.48(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Application
(2) An application under subsection (1.1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,
Marginal note:1997, c. 23, s. 10(2)
(3) Paragraph 462.48(2)(d) of the Act is replaced by the following:
(d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in paragraph (1.1)(a), (b) or (c) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.
Marginal note:R.S., c. 42 (4th Supp.), s. 2
(4) The portion of subsection 462.48(3) of the English version of the Act before paragraph (a) is replaced by the following:
(3) Where the judge to whom an application under subsection (1.1) is made is satisfied
Marginal note:1997, c. 23, s. 11
27. Section 467.1 of the Act is replaced by the following:
Marginal note:Definitions
467.1 (1) The following definitions apply in this Act.
“criminal organization”
« organisation criminelle »
“criminal organization” means a group, however organized, that
(a) is composed of three or more persons in or outside Canada; and
(b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely 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.
It does not include a group of persons that forms randomly for the immediate commission of a single offence.
“serious offence”
« infraction grave »
“serious offence” means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.
Marginal note:Facilitation
(2) For the purposes of this section and section 467.11, 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.
Marginal note:Commission of offence
(3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.
Marginal note:Regulations
(4) The Governor in Council may make regulations prescribing offences that are included in the definition “serious offence” in subsection (1).
Marginal note:Participation in activities of criminal organization
467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Marginal note:Prosecution
(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that
(a) the criminal organization actually facilitated or committed an indictable offence;
(b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;
(c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or
(d) the accused knew the identity of any of the persons who constitute the criminal organization.
Marginal note:Factors
(3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused
(a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;
(b) frequently associates with any of the persons who constitute the criminal organization;
(c) receives any benefit from the criminal organization; or
(d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.
Marginal note:Commission of offence for criminal organization
467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Marginal note:Prosecution
(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.
Marginal note:Instructing commission of offence for criminal organization
467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:Prosecution
(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that
(a) an offence other than the offence under subsection (1) was actually committed;
(b) the accused instructed a particular person to commit an offence; or
(c) the accused knew the identity of all of the persons who constitute the criminal organization.
Marginal note:Sentences to be served consecutively
467.14 A sentence imposed on a person for an offence under section 467.11, 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.
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