Bill C-394

2nd Session, 41st Parliament,

62 Elizabeth II, 2013

house of commons of canada

BILL C-394

An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

1. Paragraph (a) of the definition “criminal organization offence” in section 2 of the Criminal Code is replaced by the following:

(a) an offence under section 467.11, 467.111, 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, or

2. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxxxv):

(lxxxv.1) section 467.111 (recruitment of members — criminal organization),

3. Paragraph 185(1.1)(a) of the Act is replaced by the following:

(a) an offence under section 467.11, 467.111, 467.12 or 467.13;

4. Paragraph 186(1.1)(a) of the Act is replaced by the following:

(a) an offence under section 467.11, 467.111, 467.12 or 467.13;

5. Paragraph 186.1(a) of the Act is replaced by the following:

(a) an offence under section 467.11, 467.111, 467.12 or 467.13;

6. Paragraph 196(5)(a) of the Act is replaced by the following:

(a) an offence under section 467.11, 467.111, 467.12 or 467.13,

7. Paragraph 462.48(1.1)(c) of the Act is replaced by the following:

(c) an offence against section 467.11, 467.111, 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; or

8. Subsection 467.1(2) of the Act is replaced by the following:

(2) For the purposes of this section, section 467.11 and 467.111, 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.

9. The Act is amended by adding the following after section 467.11:

467.111 Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable,

(a) in the case where the person recruited, solicited, encouraged or invited is under 18 years of age, to imprisonment for a term not exceeding five years, and to a minimum punishment of imprisonment for a term of six months; and

(b) in any other case, to imprisonment for a term not exceeding five years.

10. Section 467.14 of the Act is replaced by the following:

467.14 A sentence imposed on a person for an offence under section 467.11, 467.111, 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.

11. (1) Paragraph 467.2(1)(a) of the Act is replaced by the following:

(a) an offence under section 467.11 or 467.111; or

(2) Subsection 467.2(2) of the Act is replaced by the following:

(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, 467.111, 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.

12. Paragraph 486.2(5)(a) of the Act is replaced by the following:

(a) an offence under section 423.1, 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization;

13. Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xiv):

(xiv.1) section 467.111 (recruitment of members — criminal organization),

14. Subparagraph 515(6)(a)(ii) of the Act is replaced by the following:

(ii) that is an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

15. Subsection 743.6(1.1) of the Act is replaced by the following:

(1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.111, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

16. Subsection 743.6(1.2) of the Act is replaced by the following:

(1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence or an offence under section 467.11, 467.111, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

NATIONAL DEFENCE ACT

17. Paragraph (a) of the definition “criminal organization offence” in subsection 2(1) of the National Defence Act is replaced by the following:

(a) an offence under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or