Thank you, Mr. Chairman.
The officials are always welcomed here if they can shed some light on the committee's work. I have no problem with that. I don't know if I can go along with their argument, however, but I do want to be certain that I understand.
I've done my homework as a member of Parliament. I represent a Montreal riding, and the people who work for my police department are worried about fights between street gangs. This is not only happening in Montreal. It is also happening in Toronto, Vancouver and elsewhere.
If you maintain— and I want to see the jurisprudence— that under current legislation, the police...
The Montreal police have told me that they cannot lay charges under section 467.11 against known gang members when they engage in a drive-by shooting. They can lay charges of homicide, possession of illegal weapons, disturbing the peace, but they cannot lay charges if these people are in a car and shoot at someone, not necessarily with the intent to kill, but simply to increase their influence on their territory. The police told me that this type of activity did not meet the definition of "criminal organization".
I also read the Leclerc and Carrier rulings and I don't remember having read that. If you tell me that it is already covered under current legislation, so much the better. Laws are not passed without a purpose. If the problem is solved, I will withdraw that part of my motion and move the adoption of the three other parts. However, the police have told me differently.
I would like you to be very clear with us. Can you confirm that the courts have interpreted the definition of "criminal organization" in a way which would allow the police, be it in Quebec or elsewhere in Canada, to lay charges in a drive-by shooting under the definition of criminal organization? That's what you're telling us this morning. You're saying said that financial and material benefit include an increase in influence over a particular territory. You're saying that you will present to us related jurisprudence.
Moreover, you have the bad habit of never distributing your texts. I would be nice to see them. You have been before the committee two or three times already, and yet you have never distributed your texts. It would be nice to see them.
As the law now stands, can the police lay charges under sections 467.11, 467.12 and 467.13 for drive-by shootings? Yes or no?