There is my Allan Rock group. It is not a declaration or a designation. It is a question of fact in each case. If there were only four members the act would not apply. If the group artificially subdivided to make it only four, as I said earlier I think the court would look past that artifice. If there really are only three or four people committing crimes, we have made the choice of five; it would not apply.
It is not as though we will ask the court to declare a certain group criminal and it is criminal for five or ten years thereafter. Every time someone brings an application for a search warrant, every time someone alleges the participation in a criminal organization, it will be necessary to prove afresh that there is a criminal organization involved. That depends on evidence. As a practical matter it may get easier the third, fourth or fifth time because the court will be able to look at evidence amassed on the earlier proceedings. Nonetheless, it will be a question of fact in each case for the court
to be satisfied that we are dealing with a criminal organization. Then the consequences would flow.