Monsieur Ménard, there is no provision in the Criminal Code currently that makes any murder related to gang activity first degree. If the murder is planned and deliberate, regardless of whether or not it has anything to do with a criminal organization, then it is of course first degree.
There's also a provision that makes it a first degree murder if the murder occurs while the person is in the course of committing an explosives offence for the benefit of, at the direction of, or in association with a criminal organization.
I know you would be familiar with that provision, which followed the death of the 12-year-old boy in Quebec in the course of the Rock Machine and Hells Angels war. This would expand that provision quite thoroughly, and it would do it in two ways. It would make it automatically first degree murder if the murder is committed for the benefit of a criminal organization. Many of those will be planned and deliberate, and if the evidence is there that they're planned and deliberate, then they would already be first degree. But some of them may not be, and the evidence of the planning and deliberation may not be there. More importantly perhaps, though, in other offences that are being committed for the benefit of a criminal organization, where a murder occurs, the murder will probably more commonly be spontaneous. In those circumstances the current law would restrict that only to an explosives offence. This will mean that if they're in the course of committing any indictable offence, then—