An Act to amend the Criminal Code (organized crime and protection of justice system participants)

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code
(a) to add to the sentencing provisions for murder so that any murder committed in connection with a criminal organization is first degree murder, regardless of whether it is planned and deliberate;
(b) to create offences of intentionally discharging a firearm while being reckless about endangering the life or safety of another person, of assaulting a peace officer with a weapon or causing bodily harm and of aggravated assault of a peace officer; and
(c) to extend the duration of a recognizance to up to two years for a person who it is suspected will commit a criminal organization offence, a terrorism offence or an intimidation offence under section 423.1 if they were previously convicted of such an offence, and to clarify that the recognizance may include conditions such as electronic monitoring, participation in a treatment program and a requirement to remain in a specified geographic area.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

March 9th, 2009 / 4:45 p.m.
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Bloc

Réal Ménard Bloc Hochelaga, QC

We need to clear up some confusion. As I see it, there are two issues confronting us, the first being a study of organized crime. As I understand it, once we have initiated our study on organized crime, the committee will take a full week to travel to all of the cities on the list. I don't have a problem with that. We're all mindful of the fact that Bill C-14, must be passed quickly. I remind you that the bill has not yet been referred to this committee. I am prepared to move quickly. Liberal colleagues have suggested to the House Leader that only one person be permitted to speak to the bill at second and third reading, so that we move forward quickly. We won't consent to that, because this bill provide for serious penalties for offenders. However, we are prepared to move quickly on this bill.

If, Mr. Chair, you have information to the effect that the bill is about to be referred to us this week, then I suggest we set aside the issue of organized crime—the focus of the proposed study—and get down to business right away. I think it's realistic to think that we can report back to the House in a week. Bill C-14 is a priority because of what is happening and, contrary to what Mr. Petit said, with all due respect, Montreal is not Vancouver. The two cities are not interchangeable. First, we need to know when the government intends to refer the proposed legislation to us. We've been waiting since last week and we still haven't seen the bill. The House Leader's office told us that the priority was Bill C-10. As it happens, that bill has been adopted. When the steering committee meets tomorrow, Mr. Chair, if you inform us that you have spoken to the minister or to the parliamentary secretary and we can expect the bill to be referred to us on Wednesday, then I'm prepared to make this our priority. We could begin examining the legislation as early as Thursday and new week, hold several meetings and then pass the bill. However, we cannot do two parallel studies. The two bills should be examined separately and our priority must be Bill C-14. Bill C-15 is something entirely different. But if that is what the committee wants, the Bloc Québécois will cooperate to ensure that we move quickly to study Bill C-14. Can the parliamentary secretary tell us when the House will refer the bill to committee? This hasn't yet happened.

March 9th, 2009 / 4:35 p.m.
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Conservative

The Chair Conservative Ed Fast

Mr. Ménard, I think we're all on the same page on that one. The importance here is that Vancouver has been the most recent hot spot of organized and drug-related crime. I think the wish was that we go to Vancouver first and then we can go across the country and visit a number of other cities.

In terms of the cities that have been identified, we've heard Vancouver, Toronto, Montreal, and Halifax. Those are four cities. That would take up at least four of our meeting dates. The one complicating factor is that we expect shortly we're going to have Bill C-14 and Bill C-15 come before us. As you know, it's the government's preference that we deal with those bills right away. I did hear some comments when the minister was present that there was a willingness to fast-track those bills and ensure that they get passed into law.

Mr. Storseth, you had a question.

March 9th, 2009 / 4:20 p.m.
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Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Thank you very much.

Thank you very much, Minister and officials, for coming here today.

If you permit me, Mr. Minister, I would like to also say it's good to see Mr. Lee back again and to share a committee together with him. I would like to just mention for his sake that I'm also on the public safety committee, and I can tell him that, yes, there are many components to the issues we're dealing with here at the justice and public safety committee. I'm also very happy that I can say for his sake, or to him, and to those folks who are watching and listening to some of the comments he made, that this government's been spending a lot of their tax dollars on improving the investigative arm of things by investing heavily in the RCMP and other police forces, as well as making sure that there's an independence with the prosecutorial part by the appointment of Mr. Saunders, of course.

I would like, Mr. Minister, to talk about Bill C-14. In particular, what struck me was the amount of media coverage around that particular bill, and the kind of support that I know comes from the law enforcement community, with which I have a kinship. I think folks should realize that when police departments, police officers, and police associations talk to you, or you consult with them, behind that consultative process you have also community policing committees that they represent and who advise them, and also the victims of crime. I would like to ask you some questions surrounding the amount of consultation you've taken with various communities, not the least of which would be police officers, the people on the front lines who deal with these issues on a daily basis, and what kind of input they had to Bill C-14.

March 9th, 2009 / 4 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Thank you, Chair.

Thank you, Minister, for being here.

Minister, I know that lately in the news we've been seeing a lot about crime. I guess the underlying concern that I have is what happens.... Obviously, we want those stories to go away and we want crime issues to be solved, but it takes a certain amount of resolve around this committee table, and indeed in the entire House of Commons, to pass effective justice legislation. We've seen in the past that bills have been brought forward and have ground to a halt. We've seen bills that haven't gone through the process to become law.

Can you tell us a bit about the current bills that have been introduced, Bill C-14 and Bill C-15, one dealing with drugs and the other with organized crime? What type of process goes into developing those bills? How long have those bills been on the books?

What do we do so that we don't become complacent? When I say “we”, I mean Parliament, because I know that your approach has been a steadfast approach. You're constantly pushing to improve the justice system, but obviously in a minority Parliament we need partners who are also willing to advance effective justice legislation. In the past, that's been lacking, so how do we avoid these issues being just the flavour of the week and instead something where we can be steadfast and resolved in improving the justice system?

March 9th, 2009 / 3:40 p.m.
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Conservative

Rob Nicholson Conservative Niagara Falls, ON

There are a couple of things, Mr. Dosanjh. A number of the issues that we have placed before Parliament have been on the desks of the attorneys general across this country, not just Bill C-14, which you opened up your remarks with and which is one of them, but Bill C-15, the drug bill, as well.

I had a very good conversation with both the attorney general and the public safety minister from British Columbia. I explained to them the contents of the two bills that we have before Parliament. I'm confident that I will have their support and I'll have the support of attorneys general right across this country. I have indicated to them, and I will indicate to you, as I have to Parliament, that we are taking these bills one step at a time.

You will remember when we introduced five bills in the first session of the last Parliament. You will remember as well that, when we adjourned in the summer of 2007, not one of those bills was actually passed into law. If I sound a bit frustrated thinking about that, I was very frustrated to have to deal with that.

I think it's best to introduce these bills one step at a time. I'm trying to garner public opinion on these. As you can tell from people like you and others who have followed this government's agenda for fighting crime, we're moving ahead. We'll continue to move ahead, but I'm taking them one step at a time.

March 9th, 2009 / 3:35 p.m.
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Liberal

Ujjal Dosanjh Liberal Vancouver South, BC

Thank you.

My questions are going to be brief. I would ask that the minister be brief in response, because I have three questions that I'm going to ask.

The first question is with respect to Bill C-14. Attorney General Wally Oppal and Solicitor General van Dongen from British Columbia came and met with you, Minister, and met with the opposition, including us. They indicated that they wanted the lawful access law changed so that the law enforcement people are allowed to lawfully intercept a wider range of communications between gangsters and gang members. As well, they want to make sure that we cut back on the two-for-one remand sentencing deals, which of course disproportionately reduce prison sentences for some violent offenders.

These two issues aren't new. These two issues have been on the table at attorneys general conferences for some time. I want to ask you, the minister, why did you not move on these as part of Bill C-14? Obviously, from Minister Oppal's remarks, it appears that he didn't think you were very enthusiastic about doing it very soon.

Business of the HouseOral Questions

March 5th, 2009 / 3:05 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I thank my hon. colleague for those questions. It just seems like every Thursday, the Thursday question becomes the Thursday questions and becomes a longer and longer list.

Yesterday, the House adopted the budget implementation bill, which is now before the Senate. I would take this opportunity to urge all senators to deal with the bill quickly so that the funds that are provided by it will begin to flow and to help our country and Canadian families weather this economic storm as quickly as possible.

Today, we are continuing debate on the opposition motion.

Tomorrow, we will begin debate on report stage of Bill C-2, the Canada-European free trade agreement, followed by Bill C-13, the Canada grains, and Bill C-7, marine liability.

Monday, March 9 and Tuesday, March 10 shall be allotted days. As to the last day in this cycle, I am pleased to announce that it will be sometime during that week after our constituency week when members return to their ridings.

On Wednesday, we will continue with the Canada-European free trade bill. It will either be at report stage or third reading, depending on the progress that we make tomorrow.

When the debate on Bill C-2 is complete, we will call for second reading debate on Bill C-14, the organized crime bill, and Bill C-15, the drug offensive bill.

As my hon. colleague knows, the official opposition House leader, there have been discussions with all parties and, at this point in time, despite the acceptance and, indeed, the willingness of the government to move forward with these two crime bills as expeditiously as possible, unfortunately that is not the case with all parties and therefore we will not be able to proceed as quickly as possible.

However, on behalf of all Canadians who are worried about their safety and who want to move forward with this type of legislation, I do thank the hon. member and his party, the Liberal Party, for their support to try to move these bills very quickly through the process.

Following the justice bills, we will continue with the uncompleted business schedule for tomorrow, plus the new bill that was tabled this morning, Bill C-17, An Act to recognize Beechwood Cemetery as the national cemetery of Canada. I understand there may be interest in expediting this bill. I would hope, unlike the justice bills, that perhaps we can get agreement from all four parties to move very quickly with this bill at all stages and move it through.

As to private member's Bill C-285, I am always interested in discussing ways in which we can move quickly with legislation. This government certainly is interested in getting action on behalf of Canadians as fast as possible on all legislation that will positively impact on their lives. I am always open to those types of discussions.

Business of the HouseOral Questions

March 5th, 2009 / 3 p.m.
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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, as usual on a Thursday, I would like to ask the government House leader about his work plan for the coming week and for the week following the regular mid-March break.

In particular, the House is anxious to know when the minister will designate all three of the remaining supply days. The last supply day, as the House knows, is especially important because that will be the day upon which any interim supply bill, including the Prime Minister's request for an extraordinary $3 billion, will be dealt with. Therefore, we would like to know when that supply bill is coming.

Of course, five sitting days before the final supply day is the date upon which the government must table its first report to Parliament accounting for its fight against the recession. That last supply day date, therefore, is an important date for the House to know.

Secondly, would the minister commit today that his government will consider fast-tracking Bill C-285 standing on the order paper in the name of the hon. member for Notre-Dame-de-Grâce—Lachine? The bill deals with the modernization of investigative techniques in the fight against drugs, gangs and other criminal matters. It is one of the measures specifically requested urgently by the province of British Columbia. Therefore, is the government ready to expedite that bill?

Finally, could I ask if there is general consent in the House today to fast-track the government's bills, Bill C-14 and Bill C-15, also dealing with gangs and drugs so that they both could be passed here and sent to the Senate before the end of next week? Would there be unanimous consent to move these two bills quickly? If there is, the official opposition would be prepared to move the appropriate motion right now.

Tackling Violent CrimeStatements by Members

February 26th, 2009 / 2:05 p.m.
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Conservative

Lee Richardson Conservative Calgary Centre, AB

Mr. Speaker, I would like to take a moment to talk about violent crime in Calgary.

While crime is growing in our city, we are fortunate to have the leadership of police chief, Rick Hansen, Alberta justice minister, Allison Redford, and our federal government working together in a positive, coordinated way to combat this scourge.

Last spring, Parliament passed Bill C-2, the Tackling Violent Crime Act. Among other things, this legislation implemented new bail provisions that will keep those accused of serious gun crimes off the streets while awaiting trial.

This government is continuing to move forward on its anti-crime agenda. Earlier today, the Minister of Justice introduced Bill C-14, the next step in our anti-crime agenda.

The new law will target gang violence and organized crime, including gang murders, drive-by shootings and additional protection for police and peace officers.

Calgarians want action on crime now and that is what we intend to deliver.

Criminal CodeRoutine Proceedings

February 26th, 2009 / 10 a.m.
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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

moved for leave to introduce Bill C-14, An Act to amend the Criminal Code (organized crime and protection of justice system participants).

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