I'd like to ask three questions. I'm obviously very pleased with the quality of the evidence heard today. When I tabled my motion before the holidays, I didn't know that Judge Bonin would render the decision he rendered. But I'm a bit concerned.
First of all, I'm always pleased to see Guy Ouellette and to see his aplomb. I say to myself: the progress we've made. In 1995, I remember meeting Allan Rock with the mother of the young Daniel Desrochers. Senior officials at the Department of Justice told me at the time that we didn't need an anti-gang law, that they would dismantle that with the conspiracy provisions contained in the Criminal Code. I don't need to remind you of the whole battle we had to wage, all parties together, to get provisions to that effect.
Here's the subject of my concern. When I read the Bonin judgment in the Aurélius case, I was very pleased. Now I ask you the following question. In the Criminal Code, when it's defined what a criminal organization is...
Mr. Ouellette reminded us that, in British Columbia, section 467.13 — not section 467.11 — was challenged. As it is at the trial stage, it's binding only in British Columbia, but that's not important. As the legislator, shouldn't we immediately say that, when we read section 467.1 and talk about criminal organizations, there should be express wording referring to street gangs? I ask the question because, of the 70 pages of the judgment rendered by Judge Bonin, there is only one where he states that, yes, the two gangs that he's talking about — the Pelletier Street gang and the other one — are street gangs, but he doesn't justify the elements that constitute that offence in relation to section 467.1. I'm afraid that won't stand up to a court challenge. I hope I'm mistaken. If we don't need to amend the Criminal Code, I'm very much afraid this will go to the Supreme Court. As Judge Bonin, at the trial stage, described the evidence and relied on the evidence without explaining why street gangs were now included in criminal organizations, I fear there will be subsequent challenges.
I'm going to ask my three questions at the same time; you may then answer them. My first question is for Mr. Richmond.
I now have a question for the Correctional Service. First, when a person is assumed to belong to street gangs or organized crime, how is he treated within the Correctional Service? Mr. Toller, give us some examples in which, as you said, gang leaders intervene in the management of the Correctional Service. Perhaps there are some things that should be amended in the Criminal Code. I'd like you to give us some examples on the subject.
Lastly, can you tell us, Mr. Ouellette, with supporting examples and your pedagogical sense, how investigation techniques differ for street gangs and organized crime? Are any elements missing in the Criminal Code that would help investigators be more effective?
Let's start with Mr. Richmond. Am I wrong to be troubled or not? Do you think we don't need to amend the Criminal Code?