I would like to pursue the line of questioning initiated by my colleague, Mr. Murphy.
I practiced as a criminal lawyer for 30 years. It was not the fact that the Hells Angels or individuals were committing crimes that posed a problem. Parliament passed subsection 467.1(1) of the Criminal Code, which defines a criminal organization. You outlined the kinds of criminal offences that could come under this subsection. Now, police forces are asking us to draw up a list of these so-called criminal groups. Justice McMahon of the Federal Court of Appeal has defined the term “criminal organization”.
Professor Roach, if Parliament decided to draw up a list which included the Hells Angels, for example, would the burden of proof not be reversed? At that point, would it not be up to the Hells Angels to prove that they are not a criminal group, if they want to be removed from that list?