Bill C-95

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	SUMMARY
	This enactment would provide measures in respect of criminal organizations.
	The enactment creates an offence of participation in a criminal organization through the commission or furtherance of certain indictable offences for the benefit of the organization. It also provides that, irrespective of whether a murder is planned and deliberate, a murder committed through the use of explosives would be a first degree murder when committed in relation to a criminal organization. The unlawful possession of explosives in relation to a criminal organization would be punishable by imprisonment of up to fourteen years and any sentence awarded would have to be served consecutive to any other sentence. An offender who is convicted of an offence shown to have been committed in relation to a criminal organization will be subject to an increased sentence or period of parole ineligibility. The enactment provides for a new peace bond provision in Part XXVII of the Criminal Code, which applies to persons who present a risk of committing an offence in relation to a criminal organization.
	The enactment provides for the forfeiture of property used to commit offences when the offences are committed in relation to a criminal organization as well as for the forfeiture of proceeds of crimes committed in relation to criminal organization offences. The enactment provides for procedural changes in relation to the interception of private communications, searches and seizures and judicial interim release.
	EXPLANATORY NOTES
	Criminal Code
	Clause 1: New.
	Clause 2: Section 82.1 is new. Section 82 reads as follows:
	82. Every one who, without lawful excuse, the proof of which lies on him, makes or has in his possession or under his care or control any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
	Clause 3: The relevant portion of the definition ``offence'' in section 183 reads as follows:
	``offence'' means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
	Clause 4: New.
	Clause 5: New.
	Clause 6: New.
	Clause 7: New.
	Clause 8: New.
	Clause 9: (1) New. The relevant portion of the definition ``enterprise crime offence'' in section 462.3 reads as follows:
	``enterprise crime offence'' means
	(a) an offence against any of the following provisions, namely,






	(2) New.
	(3) This amendment would add a reference to paragraph (a.1).
	(4) This amendment would add a reference to paragraph (a.1).
	Clause 10: (1) New. The relevant portion of subsection 462.48(1) reads as follows:
	462.48 (1) The Attorney General may, for the purposes of an investigation in relation to
	(2) The relevant portion of subsection 462.48(2) reads as follows:
	(2) An application under subsection (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,
	...
	(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)(a) or (b) 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.
	Clause 11: New.
	Clause 12: The relevant portion of subsection 487(1) reads as follows:
	487. (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place
	Clause 13: New.
	Clause 14: New.
	Clause 15: New.
	Clause 16: The relevant portion of subsection 515(6) reads as follows:
	(6) Notwithstanding any provision of this section, where an accused is charged
	(a) with an indictable offence, other than an offence listed in section 469, that is alleged to have been committed while he was at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680,
	Clause 17: The relevant portion of section 718.2 reads as follows:
	718.2 A court that imposes a sentence shall also take into consideration the following principles:
	(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
	Clause 18: New.
	Clause 19: New.
	Clause 20: Section 811 reads as follows:
	811. A person bound by a recognizance under section 810 or 810.1 who commits a breach of the recognizance is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.
	Seized Property Management Act
	Clause 22: The definition ``offence-related property'' in section 2 reads as follows:
	``offence-related property'' has the meaning given that expression by subsection 2(1) of the Controlled Drugs and Substances Act;
	Clause 23: The relevant portion of section 10 reads as follows:
	10. Where a law enforcement agency in Canada has participated in the investigation of an offence that leads to
	(a) the forfeiture to Her Majesty of any property pursuant to subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act,
	...
	the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property, or any amount paid or recovered on account of the fine, as the case may be.
	Clause 24: The relevant portion of section 11 reads as follows:
	11. The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of
	(a) the proceeds of disposition of
	(i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or
	...
	and the proceeds arising from the disposition of property by that foreign state, and
	...
	where law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine.
	Clause 25: Section 14 reads as follows:
	14. Where the proceeds of disposition available to Her Majesty from the forfeiture of any property pursuant to subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act are insufficient to cover the outstanding amounts charged to the Working Capital Account pursuant to subsection 12(2), and any interest thereon, in respect of the property, there shall be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.

Bill C-95

SUMMARY

EXPLANATORY NOTES

Criminal Code

Seized Property Management Act