Thank you, Erin.
Thank you for the question.
Bill C-59 proposes three types of amendments to the Criminal Code that are intended to address operational aspects of the anti-money laundering and anti-terrorist financing regime.
The first proposed amendment targets the laundering of proceeds of crime offence. What we have heard through our consultations and our engagement with provincial and territorial partners is that this offence is particularly challenging to prosecute and to obtain sufficient evidence on to go to prosecution. This is because, among other things, the offence requires that the accused have the knowledge or belief, or be reckless as to whether the property was obtained or derived from the commission of a designated offence.
In the case of money laundering committed by third parties—persons who are not engaged in the underlying offence that gave rise to the proceeds—it can be particularly challenging to establish that mental element, which is that knowledge or belief, or recklessness.
The amendments proposed some changes specifically to address third party money laundering. They establish a statutory inference—