Bill C-24

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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.
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.
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.
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.
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.
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.
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.
1997, c. 23, s. 11	28. Section 467.2 of the Act is replaced by the following:
Powers of the Attorney General of Canada	467.2 (1) Notwithstanding the definition of ``Attorney General'' in section 2, the Attorney General of Canada may conduct proceedings in respect of
	(a) an offence under section 467.11; or
	(b) another criminal organization 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.
	For those purposes, 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.
Powers of the Attorney General of a province	(2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.11, 467.12 or 467.13 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.
	29. (1) Section 486 of the Act is amended by adding the following after subsection (1.4):
Protection of justice system participants	(1.5) For the purposes of subsection (1) and for greater certainty, the ``proper administration of justice'' includes ensuring the protection of justice system participants who are involved in the proceedings.
1997, c. 16, ss. 6(2) and (3)	(2) Subsections 486(2.11) and (2.2) of the Act are replaced by the following:
Testimony outside court room	(2.101) Notwithstanding section 650, where an accused is charged with an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, the presiding judge or justice, as the case may be, may order that any witness testify
	(a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and
	(b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.
Same procedure for opinion	(2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) or (2.101) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.
Condition of exclusion	(2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
1999, c. 25, s. 2(3)	(3) Subsection 486(4.1) of the Act is replaced by the following:
Ban on publication, etc.	(4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness - or, in the case of an offence under section 423.1 or a criminal organization offence, the identity of a justice system participant who is involved in the proceedings - or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.
1999, c. 25, s. 2(3)	(4) Paragraphs 486(4.7)(b) to (e) of the Act are replaced by the following:
	(b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;
	(c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;
	(d) society's interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;
	(e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;
1999, c. 25, s. 2(3)	(5) Paragraph 486(4.9)(c) of the Act is replaced by the following:
	(c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.
1997, c. 23, s. 15	30. (1) The portion of subsection 490.1(1) of the Act before paragraph (a) is replaced by the following:
Order of forfeiture of property on conviction	490.1 (1) Subject to sections 490.3 to 490.41, where a person is convicted of an indictable offence under this Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
1997, c. 23, s. 15	(2) Subsections 490.1(2) and (3) of the Act are replaced by the following:
Property related to other offences	(2) Subject to sections 490.3 to 490.41, where the evidence does not establish to the satisfaction of the court that the indictable offence under this Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
Property outside Canada	(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
Appeal	(3) A person who has been convicted of an indictable offence under this Act or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.
1997, c. 23, s. 15	31. (1) Subsections 490.2(1) and (2) of the Act are replaced by the following:
Application for in rem forfeiture	490.2 (1) Where an information has been laid in respect of an indictable offence under this Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).
Order of forfeiture of property	(2) Subject to sections 490.3 to 490.41, where an application is made to a judge under subsection (1) and the judge is satisfied
	(a) beyond a reasonable doubt that any property is offence-related property,
	(b) that proceedings in respect of an indictable offence under this Act in relation to the property referred to in paragraph (a) were commenced, and
	(c) that the accused charged with the offence has died or absconded,
	the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).
1997, c. 23, s. 15	(2) The portion of subsection 490.2(3) of the English version of the Act before paragraph (a) is replaced by the following:
Accused deemed absconded	(3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if
1997, c. 23, s. 15	(3) Paragraph 490.2(3)(a) of the French version of the Act is replaced by the following:
	a) elle a fait l'objet d'une dénonciation l'accusant de l'acte criminel;
	(4) Section 490.2 of the Act is amended by adding the following after subsection (4):
Property outside Canada	(4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
1997, c. 23, s. 15	32. (1) Paragraph 490.4(2)(c) of the Act is replaced by the following:
	(c) set out the offence charged and a description of the property.
1997, c. 23, s. 15	(2) Paragraph 490.4(3)(a) of the Act is replaced by the following:
	(a) a person who was charged with an indictable offence under this Act, or
	33. The Act is amended by adding the following after section 490.4:
Notice	490.41 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.
Manner of giving notice	(2) A notice shall
	(a) be given or served in the manner that the court directs or that may be specified in the rules of the court;
	(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
	(c) set out the offence charged and a description of the property.
Non-forfeitur e of property	(3) Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.
Factors in relation to dwelling-hous e	(4) Where all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider
	(a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member's principal residence at the time the charge was laid and continues to be the member's principal residence; and
	(b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.
1997, c. 23, s. 15	34. (1) Paragraphs 490.5(1)(a) and (b) of the Act are replaced by the following:
	(a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the indictable offence in relation to which the property was forfeited,
	(b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the indictable offence in relation to which the property was forfeited, or
1997, c. 23, s. 15	(2) Paragraph 490.5(4)(a) of the Act is replaced by the following:
	(a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any indictable offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and
1997, c. 23, s. 15	35. (1) Paragraph 490.8(2)(a) of the Act is replaced by the following:
	(a) the indictable offence to which the offence-related property relates;
1997, c. 23, s. 15	(2) Subsection 490.8(3) of the Act is replaced by the following:
Restraint order	(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.
Property outside Canada	(3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
1997, c. 23, s. 15	(3) Paragraph 490.8(8)(a) of the Act is replaced by the following:
	(a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or