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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Parm Gill  Conservative

Introduced as a private member’s bill.

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 to make it an offence to recruit, solicit, encourage, coerce or invite a person to join a criminal organization. It establishes a penalty for that offence and a more severe penalty for the recruitment of persons who are under 18 years of age. This enactment also makes a related amendment to the National Defence Act.

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.

Votes

May 1, 2013 Passed That the Bill be now read a third time and do pass.
April 24, 2013 Passed That Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment), as amended, be concurred in at report stage.
June 20, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

March 6th, 2013 / 7:25 p.m.
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Conservative

The Chair Conservative Mike Wallace

No, I think I'll do it tomorrow morning at 10 a.m., if you really want to show up.

Shall the committee order a reprint of the bill as amended for the use of the House? Oh, sorry. There's no amendment, so it doesn't need a reprint. I thought we'd just kill a few trees, but I guess not.

Very good. That's it for tonight. I want to thank everyone for coming back.

Just so my colleagues know, we had invited the minister for the 18th to talk about supplementary (C)s, in which Justice has one line. The minister cannot make it at that time. My understanding is that there's a cabinet meeting or some sort of cabinet event.

Based on our discussion, we will go to Parm Gill's bill, Bill C-394. He will be the first hour, with witnesses there, and then we'll have another hour of witnesses on the Wednesday, and then we'll go clause by clause.

What happens with estimates and supplementary (C)s, or any supplementary estimates, is that they have to be presented in the House within three days after the last supply day, which may happen prior to that anyway, so we'll see. I'm not sure when the supply dates are. Those are called by the House leader.

That's what we'll be doing on the 18th. The main estimates have to be back in the House by the end of May, so I think we should set a date or dates to talk about the mains and give the minister lots of notice about when we would like him to appear for those.

March 4th, 2013 / 4:20 p.m.
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Donald Piragoff Senior Assistant Deputy Minister, Policy Sector, Department of Justice

Thank you.

As I understand the question, it's whether there should be some concordance between this bill and another bill that's before Parliament, and if that bill is passed whether certain references in the Criminal Code already to certain provisions of section 467 of the Code should also make reference to whatever is passed by Bill C-394.

The other bill would have to make provision to make any consequential amendments. This bill cannot assume that another bill would be passed. It will have to be that other bill that makes consequential amendments to other pieces of legislation before Parliament.

March 4th, 2013 / 4:20 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Proposed paragraph 196.1(5)(a) concerns extensions of the notification period in relation to offences under sections 467.11, 467.12 and 467.13 of the Criminal Code, which are the three existing criminal organization offences.

However, Bill C-394, which is also before this committee, would create a distinct criminal organization offence, recruitment of members by a criminal organization, which would be new section 467.11 of the Criminal Code.

In your view, is there a reason why this proposed offence should be treated differently from other criminal organization offences, for the purposes of extending the notification period? If not, what amendments need to be made?

March 4th, 2013 / 4:20 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Thank you, Mr. Chair.

Minister, thank you for being here.

My first question is about Bill C-55 and Bill C-394. It is assumed they will soon receive royal assent. In that case, what amendments would be necessary to ensure they are consistent with the Criminal Code?

February 28th, 2013 / 10:10 a.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Thank you.

I have another question, Minister. You may be aware that I have introduced a bill in the House, Bill C-394, An Act to amend the Criminal Code and the National Defence Act, which basically targets individuals who are responsible for recruiting youth, mainly, and other individuals into criminal organizations, or, in other words, gangs. It has passed second reading in the House. I was very thankful to have the government's support on this, and that of the official opposition, but unfortunately, I guess the Liberal Party did not see this as an important initiative.

My question to you as minister is, can you confirm that if the police refer an individual who is part of a youth gang, the RCMP would consider that individual?

February 11th, 2013 / 5:20 p.m.
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Conservative

The Chair Conservative Mike Wallace

That's it. Thank you very much.

Thank you to our panel for coming this afternoon.

I want to thank the Department of Public Safety and Emergency Preparedness for coming.

I want to thank the RCMP for being here. My grandfather was an RCMP officer and, in fact, in the Musical Ride. We're very proud of the work he did, and I want to thank you for your service.

Just as a reminder to committee members, it would be preferable that amendments come in advance. We will be doing this bill clause by clause in the second hour of our Wednesday meeting, so amendments to Bill S-9 would be greatly appreciated 24 hours in advance.

Also, to all parties here, if you have witnesses you're interested in seeing for the two studies we'll do after we get back from our break week, on Bill C-273 and Bill C-394, the two private member's bills, if you would provide those to the clerk in the near future, that would be greatly appreciated.

With that, we'll adjourn and call it a day.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

December 12th, 2012 / 6:45 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

The House will now proceed to the taking of the deferred recorded division on the motion to concur in the 16th report of the Standing Committee on Justice and Human Rights considering the extension of time to consider Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment).

Justice and Human RightsCommittees of the HouseRoutine Proceedings

December 10th, 2012 / 3:05 p.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I have the honour to present, in both official languages, the 16th report of the Standing Committee on Justice and Human Rights in relation to requesting an extension of 30 sitting days to consider Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment).

December 6th, 2012 / 4:45 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Thank you.

I was the first in line, but it's okay, I'll go third.

I simply wanted to tell my colleagues that the approach to Bill C-273 and Bill C-394 was identical to the motion moved by Mr. Garrison. The motion was agreed to, challenged and then agreed to again. Mr. Anderson, who isn't allowed to vote, has shown up here out of the blue and raised some sort of procedural sticking point on the basis that the request has not been justified, when the motion has been agreed to and challenged before.

Since I prefer to have the chair listen to me when I speak, I will wait. I still have the floor. When you spend years at the appeal court, you fall into that kind of habit. When judges start speaking amongst themselves, you say

there's no fucking—

Sorry.

I withdraw that. He wasn't listening, in any case.

I was saying how nice you are.

December 6th, 2012 / 4:30 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

We also did it for Bill C-394 and Bill C-273, last week. We voted in favour of Bill C-273, sponsored by our Liberal colleague, Hedy Fry, so we could study those provisions thoroughly.

We are at clause 2 and we barely have an hour left. No doubt our new committee member, who has the right to speak but not to vote, has a number of questions because he did not have the benefit of hearing the various witnesses. Given that there is such interest in the topic, as we can see, and if the questions are, as they would say in English, perfectly

genuine and come from the heart,

we see no logical reason not to allow the extension, given the small window we have. December 10 is fast approaching. This isn't an unreasonable request, as we see it.

Criminal CodePrivate Members' Business

June 20th, 2012 / 6:20 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

The House will now proceed to the taking of the deferred recorded division on the motion at second reading of Bill C-394 under private members' business.

The House resumed from June 15 consideration of the motion that Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

June 15th, 2012 / 1:50 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Madam Speaker, I want to take this opportunity to thank my hon. colleagues from all sides for participating in the debate on this important piece of legislation.

Bill C-394 is the legislation that Canada needs in order to make our streets and communities safer for everyone to enjoy.

This is not about politics or partisanship. It is my belief and hope that when it comes to protecting our youth and our most vulnerable citizens, we are all on the same side. Our youth are our future, and it is our responsibility to provide an environment in which they can reach their greatest potential. This bill is a necessity in today's environment.

Recently, the necessity for this bill has been made even more clear. Two heartbreaking and tragic examples of gang activity have instilled horror and fear in communities across this country.

The tragic shooting which took place at the Eaton Centre in Toronto seems to have been fuelled by an internal gang rift. The shooting claimed two lives and injured numerous others. The shooter's father said that his son was changed by his involvement in gangs at an early age.

This incident put the security and safety of law-abiding citizens in jeopardy. My most heartfelt and deepest condolences go out to the families and loved ones of those affected by this horrific violence.

This week Canadians were horrified by the story of a 16-year-old girl from Winnipeg. This young girl was taken around to different lawyers' offices by a street gang in hopes of her signing a sworn statement falsely pinning the blame of operating a crack house solely on her.

This highlights the brazen lengths to which gangs will go to manipulate our most vulnerable citizens without a care for their well-being, safety or future. Gangs have absolutely no regard for the lives of innocent Canadian citizens. We need to do something about this, and the time is now.

It has been noted by the RCMP, CSIS and front-line service workers that gang recruitment is a growing problem in our neighbourhoods. These entities have cautioned that Canada's gang population will continue to grow as a byproduct of aggressive recruitment.

While restorative and preventive programs and measures are needed, there is a legal void that needs to be filled. Bill C-394 would fill that void. There are far too many youth today who are coerced, manipulated and at times forced to join gangs.

The realities of the gang lifestyle are heartbreaking. Death, guns, drugs, violence, substance abuse, criminal activity and prostitution are all too common in this environment. It is a lifestyle in which no person should ever find himself or herself, yet far too many do.

It is our responsibility not only as elected representatives but as citizens of this country to work together in an effort to make our future safe for all.

This proposed legislation is an important tool that our criminal justice system needs in order to address this growing concern. The act of gang recruitment does not just affect those directly involved, but it also is a danger to families, communities and the safety of every Canadian.

Young Canadians, regardless of where they grow up, should be able to grow and explore their potential in a safe environment. It is an unfortunate and disheartening reality that youth today are targeted by active and violent gangs. The means by which these gangs recruit our youth are inhumane and life altering.

This reality necessitates the quick passage of Bill C-394, because one person recruited into a gang is one person too many. It is time to take action so that families do not need to live in fear in communities across this country and can enjoy the safety and security that we all deserve.

Criminal CodePrivate Members' Business

June 15th, 2012 / 1:40 p.m.
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NDP

Craig Scott NDP Toronto—Danforth, ON

Madam Speaker, I am pleased to rise to support Bill C-394 going to committee.

I think we have an opportunity here for some serious cross-party co-operation with respect to this private member's bill. That said, I have some of the same concerns I always do with private members' bills being the vehicle for criminal law reform. They have serious limitations, limitations I will address a little bit in my remarks, and that is why I was very pleased to see that one of the parliamentary secretaries to the Minister of Justice is involved in the file. I hope that as much as possible, a broader, more holistic justice department input to this private member's bill can be forthcoming.

We are all aware that street gangs are becoming more and more of a problem in this country. My own city, Toronto, is ranked among the cities having the largest growing problem. We all know recent events at the Eaton Centre in Toronto, which is actually linked to ongoing gang violence within an area very close to my own riding, although not exactly in my riding, of Regent's Park where, at the end of March on one evening alone, five different incidents occurred producing 90 bullets flying around a housing community in that one evening. The escalating gang violence in that area of Toronto was what, it appears, led to the shooting at the crowded Eaton Centre food court.

Clearly something is wrong, if not terribly wrong, and we must act now, so I welcome the member's private member's bill. It is completely consistent with what the NDP has been calling for since the 2011 election, when it was part of our campaign platform to create an offence for gang recruitment.

That said, we recognize that it cannot be viewed in isolation as an ad hoc measure, which brings me back to the concerns I have with private members' bills and their limitations.

It is important that we rely, as we move forward to committee, on serious, expert studies about what works and what does not and how this one provision will and will not fit with a broader, more holistic strategy.

There is a 2010 report from a leading academic, Scott Wortley, of the University of Toronto, called “Youth, Gangs and Violence: Characteristic Causes and Prevention Strategy”. In this report he notes a few things that are very important for us to keep in mind, because I would like to focus mostly on the issue of youth. He says, “Gang violence is more likely to occur in public spaces, involve weapons, especially firearms, and involve multiple victims...and is more likely to result in the victimization of innocent bystanders”.

He goes on to speak more generally about the involvement of youth gang members in much higher levels of crime and violence than non-gang youth as something that studies in Canada and in other countries have consistently shown.

He finally notes that youth gang members are much more likely to themselves become victims of serious violence, including homicide, than youth who are not involved in gangs, and I think this is really important for us to remember. In this respect it helps us consider the fact that members of gangs themselves can be viewed as, and are, victims.

One of the issues that will be coming up in committee, I hope, is youth recruiting youth. It is not simply a matter of youth being recruited, but as youth as recruiters. It is not entirely clear what a criminalization provision will do to that very important complex social fact. We have to keep in mind that members of youth gangs are, not surprisingly, youth. They are used for the recruitment of their peers, and simply criminalizing that behaviour would not get us very far, I submit.

We have to counter the flaring up of violence and what looks to be the increase in gang activity not only by clamping down on violence in a pure Criminal Code mode but also by looking for more long-term solutions. As Professor Wortley said in his report, “Enforcement alone is not going to stop this problem”.

We have to focus on prevention. Members opposite sometimes feel that the NDP overdoes its focus on prevention. They think that somehow this means the NDP is soft on crime. Far from it; it simply means we understand the most effective ways to root out crime before it starts and to prevent it from occurring again.

There is a whole continuum of measures that need to be put in place by a society to give opportunities to those who might otherwise turn to crime or, in this instance, those who might be susceptible to being recruited. If they fall off the wagon, so to speak, they end up being put in jail. We have to make sure that downstream measures within our jail system do not recreate the tendencies to engage in criminal behaviour. This more holistic, long-term and continuum-like approach of the NDP is perfectly consistent with a hard-on-crime approach; it is just a smart-on-crime approach as well.

Gangs have always targeted young people, but they seem to be doing so increasingly. As the member for Brampton—Springdale, who introduced the bill, stated in his own introduction, criminal organizations do appear to be targeting youth as young as eight years old and quite commonly in the age of 12 and 13 to participate in criminal activities and to become actual members of organizations. Members are even hanging around boys and girls clubs just, for example, hoping to recruit innocent children.

As we have already heard from the member for Ottawa South and the member for Moncton—Riverview—Dieppe, the most vulnerable to be recruited tend to be young people who are marginalized, those who are from lower socio-economic groups, those who are from tougher family situations and some who in a more long-term sense are looking ahead to their future prospects in society and are in some despair about where the opportunities do and do not lie for them. These background social facts are as important as the immediate goal of preventing recruitment or preventing organized crime youth gang activity itself.

The NDP's priority is to approach this using a balanced approach. We want to make sure that people live in safe, non-violent communities by putting the emphasis on more programs to prevent young people from being recruited into gangs. I am speaking of programs like the Remix Project created some five years ago in Toronto to serve the needs of young people who are vulnerable to being recruited to gangs.

I have had the opportunity with colleagues to have an early meeting with boys and girls club representatives, knowing the bill would be coming forward. I urge other members to listen to their perspectives and the perspectives of other organizations that work closely with youth.

Among the concerns we heard in what was at this stage still a fairly casual discussion was exactly what I have already raised. The youth being recruited by youth issue cannot be ignored. It has to be directed head on. Youth themselves can be recruiters, and this will criminalize their behaviour as well as anybody else who is recruiting.

The second part of the strategy is that we need to have programs and measures that take a positive approach and create bright options for youth looking into the future. These two messages I took away from our early conversations as being absolutely key.

The NDP has called for an offence of gang recruitment, but we have also put it in the context of a long-standing defence of such measures such as putting more police into communities and creating dedicated youth gang prevention funds and activities.

Let me now go to three concerns about the bill that have to be taken into account. We cannot simply say that we are in favour of it in principle and would like to see it in committee and that therefore everything is fine. It is not entirely fine.

The first point is that the nature of the private member's bill means that at least from the beginning, the justice department is not involved. We do not have anything resembling a whole-of-government approach to the bill. It is one of the classic areas that I hope I have already outlined in my remarks that needs a more holistic, continuum-like approach to the issue.

That does not mean that something like this cannot go forward on its own, but it will be a real shame if we lose the opportunity to build this initiative into a much broader understanding of what else is out there and, most importantly, what needs to be put in place for this not to be simply a punitive approach to the problem. It is an approach that is necessary as part of the solution, but on its own, it will only make us feel good but get nothing done.

It is important to note, and I do not mean to make this sound too partisan, but the Conservatives have not been generally favourable to the preventive side. In January 2011, a scarce year ago, the Conservatives announced severe cuts to the youth gang prevention fund, and it was only a push-back from the NDP that had that reinstated.

The Conservatives need to approach this more holistically. We have to focus on the mandatory minimum concern that was already brought up.

Finally, we really have to look at the issue of youth recruiting other youth, and make sure the committee process hears from witnesses who know about that and have real ideas on how to deal with it.

Criminal CodePrivate Members' Business

June 15th, 2012 / 1:30 p.m.
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Conservative

Robert Goguen Conservative Moncton—Riverview—Dieppe, NB

I am obviously in favour of such a proposal and urge all members to support its passage into law.

The issue of gang recruitment is a serious one, and it requires a multi-faceted response. Neither I nor my colleagues are naive enough to think that this bill, by itself, will solve the problem of gang recruitment. However, we believe that a criminal justice system plays an extremely important role in the overall strategy to respond to organized crime.

It is also obvious that prevention efforts must be put in place so that those newly involved in organized crime, or those who are thinking about joining a gang, are meaningfully deterred from these opportunities. This is particularly true when those efforts are targeting young people who have not yet gone down the path to a life of serious crime.

As has already been said, this government has, through budget 2011, invested $10 million to support youth gang prevention activities. It is also important to recall that the government, in 2009, amended the Criminal Code to strengthen the gang peace bond provisions. As members may know, peace bonds require an individual to agree to specific conditions to keep the peace. They can be issued when it is feared, on reasonable grounds, that persons will join a criminal organization and commit a criminal organization offence.

I am told that these provisions of the Criminal Code are frequently relied upon by police in cities such as Winnipeg and Toronto and are an important prevention tool in the fight against organized crime. The government recognizes the value of prevention, but we must do more.

There is, however, a need to recognize the limits of prevention. Many of those involved in organized crime are hardened criminals who will not be dissuaded by prevention activities. Frankly speaking, many of these same individuals are not dissuaded by the possibility of jail time. They see that such a possibility is part of the cost of doing business.

In such cases, the criminal law must respond clearly to behaviours society has deemed unacceptable. In this respect, the proposal to create a stand-alone offence to target gang recruitment is appropriate. In doing so, we ensure that there is a full spectrum of responses to recruitment practices. We also make clear our disapproval and our belief that such conduct must be denounced, deterred, and punished, given the increased threats to society posed by larger criminal organizations.

In looking at the proposed offence, it is important to be clear that it is not targeting the mere association of individuals. Rather, the focus of the offence is recruitment done for the purposes of enhancing the ability of criminal organizations to facilitate or commit an indictable offence.

The proposed offence's focus is consistent with the purpose of the existing participation offence found at section 467.11 of the Criminal Code and is now well understood by the courts in Canada. In this respect, the jurisprudence under this existing participation offence will likely be helpful in informing the correct interpretation of the proposed offence as it is used by police and prosecutors.

For example, the concept of facilitation has been interpreted on many occasions to mean “to make easier”. Accordingly, I expect that this new offence will be quickly relied upon and will be familiar to many in the criminal justice system.

I would also like to take a moment to address the concerns expressed by some that the new offence is not required, as the existing participation offence already addresses recruitment. As my colleague from Delta—Richmond previously stated, laws must not only be clear, but must be clearly understood. This is an important principle and one that I will strongly support. Our laws must be accessible to all Canadians, police, prosecutors, and the courts. Clearly written and clearly understood laws make the identification of relevant evidence easier for police and make the job of the prosecutor easier.

Clear laws benefit accused individuals as they help to ensure that they properly understand what is and is not legal. And of course, clear laws help the courts in determining guilt or innocence.

This is particularly important in the area of organized crime. I am aware that a common concern expressed by police and prosecutors, in investigating this type of crime, is that the laws are complex. While the proposed amendments will not address all of the complexities, they will certainly assist in making obvious to all that the act of recruiting someone to join a criminal organization is a form of participation and is therefore liable to sanction.

I would also note in passing that terrorism offences, which are modelled on the organized crime offences, also deal with the issue of recruitment. For example, the participation in activity of terrorist group offences found at 83.18 of the Criminal Code makes explicit that participating in the activities of a terrorist group include recruitment. While this is all included in one single offence, in my opinion, there is nothing different, from a policy perspective, in making this explicit in a single offence, as is done in terrorism, or in two offences, as is proposed through Bill C-394. The result is the same.

In addition to establishing a new offence, this private member's bill, Bill C-394, makes a number of other consequential amendments to ensure that the new offence is subject to the same special rules in the area of criminal procedure, evidence and sentencing as are the existing organized crime offences. This makes perfect sense and I support these proposals.

Let me close by noting the following as stated in the recently released seventh report, of the Standing Committee on Justice and Human Rights, entitled “The State of Organized Crime”:

Organized crime poses a serious long-term threat to Canada’s institutions, society, economy, and to our individual quality of life.

We must take all steps possible to ensure that our responses to these threats constantly evolve, so that our children are safe to grow and play in their communities, our businesses thrive, and our quality of life is preserved.

I urge all members to support Bill C-394.