Bill C-53 (Historical)

An Act to Amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act and to make consequential amendments to another Act

This enactment amends the Criminal Code, and makes consequential amendments to another Act, to provide a reverse onus of proof in proceeds of crime applications involving offenders who have been convicted of a criminal organization offence or certain offences under the Controlled Drugs and Substances Act. The enactment provides that a court shall make an order of forfeiture against any property of an offender that is identified in an application if the court is satisfied that the offender has engaged in a pattern of criminal activity or has an income unrelated to crime that cannot reasonably account for all of the offender’s property. A court may not, however, make an order of forfeiture against a property that the offender has shown, on a balance of probabilities, not to be proceeds of crime. A court may also decline to make an order of forfeiture against a property if the court considers it in the interests of justice.
The enactment also amends the Criminal Code to clarify the authority of the Attorney General of Canada in regards to proceeds of crime and to clarify the definition “designated offence” in regards to offences that may be prosecuted by indictment or on summary conviction. It also amends a provision of the Criminal Code to ensure the equivalency of the English and French versions.
The enactment also amends the Controlled Drugs and Substances Act to clarify the authority of a justice under that Act to issue warrants in respect of investigations of drug-related money laundering and the possession of property obtained by drug-related crime.

Supply

[Raymond Simard, Liberal, Saint Boniface, MB]

Mr. Speaker, I rise on a point of order. Discussions have taken place between all parties and I believe you would find consent for a motion that Bill C-2, An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, be deemed to have been concurred in at the report stage, read a second time, read a third time and passed on division; and, that Bill C-53, An Act to amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act, and to make consequential amendments to another act, be deemed to have been read a second time, referred to a committee and reported to the House without amendment, concurred in at report stage, read a third time and passed.

Business of the House

[Tony Valeri, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with the opposition motion. I wish to designate Tuesday, June 14 as an allotted day, which means that the main estimates shall be dealt with that day.

Tomorrow we will begin report stage of Bill C-43, which is the first budget bill. This bill will be our priority until it is disposed of. When Bill C-48, the second budget bill, is reported from committee, it, too, shall be given our top priority.

There are discussions among the parties concerning the early disposal of Bill C-2, the child protection legislation; Bill C-53, the bill respecting proceeds of crime; and possibly Bill C-56, the Labrador-Inuit legislation.

The other pieces of legislation that we can anticipate debating in the next week are: Bill C-26, the border services bill; Bill S-18, the census legislation; Bill C-25, RADARSAT; Bill C-52, the Fisheries Act amendment; Bill C-28, the Food and Drugs Act amendments; Bill C-37, the do not call legislation; Bill C-44, the transport legislation; and Bill C-47, the Air Canada bill.

Criminal Code

[Irwin Cotler, Liberal, Minister of Justice and Attorney General of Canada]

moved for leave to introduce Bill C-53, An Act to Amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act and to make consequential amendments to another Act.

(Motions deemed adopted, bill read the first time and printed)