Mr. Speaker, I want to thank the government members who are working with us today. I think all members of the House want this issue to be referred to the appropriate committee, because we all know too well that nowadays there are few problems more urgent and more serious than organized crime.
I have been following this issue very closely for several years now, because I was the member of parliament for Hochelaga—Maisonneuve in 1995 when, for the first time ever, a car bombing killed an innocent bystander, 11-year old Daniel Desrochers, who had the misfortune of being at the wrong place at the wrong time.
That was when I realized that we, as parliamentarians, have to fight organized crime. Organized crime does not come out of the blue. Not every society has to deal with this problem. There are certain conditions that foster organized crime. First, it happens in a wealthy society that has communications networks, airports and various means of transportation, because organized crime is interested in globalization and needs to do business and to connect with people on other continents.
Organized crime is also rampant in bureaucratic societies. In that regard, we must acknowledge, even though our democratic rights are very dear to us, that the Canadian Charter of Rights and Freedoms and the legal guarantees stipulated in sections 7 to 14 do sometimes undermine investigations.
We are facing a far from trivial paradox, since, as members of parliament and as members of Canadian society, we are dealing here with only about 200 individuals. As we know, there are in Canada 38 criminal biker gangs, one of which in particular, the Hell's Angels, is made up of less than 200 individuals in Canada, but has fifteen chapters, six of which are in Quebec. These individuals and this highly criminal group have managed to beat the most clever strategies and to infiltrate all spheres of society.
One must never forget that organized crime operates in stages. First, organized crime fights for a territory. This happened in Montreal in the early 1990s.
Then, organized crime turns to money laundering. One example of this stage is the Hell's Angels and the criminal biker gangs. In Canada we are now at this second stage. The Italian Mafia has mastered the third one. Once control over a territory has been gained and money laundering activities are going on, we move on to the third stage, to investments in both legal and illegal activities.
I believe that we must all recognize that this situation allows organized crime to go on from generation to generation. The Hell's Angels have been around for 50 years and obviously they have an interface with lawyers, accountants and businesses.
In Montreal, for example, 83% of licensed beverage establishments are controlled by people with connections to the underworld. We must not imagine that the police do not know all this. Police officers are dedicated people; just like us, they want to fight organized crime effectively, but they do not have the resources they need.
I recently met a police officer, whose name I will keep to myself, who told me that tailing just one individual—for example when they know a person is a member of one criminal gang or another—can cost taxpayers from $400,000 to $600,000. Do members really know how deep and widespread the problem is?
The interesting part in the motion of our colleague, the member for Berthier—Montcalm, is that it is not partisan; let me repeat how very grateful I am to all members in this House who supported the motion.
Organized crime can be found in Hochelaga—Maisonneuve. It can be found in the Montérégie, in Alberta and in regions right across the country. The only way to win against the modern version of organized crime is to work together, to create a common front made up of all members of parliament, an unbeatable common front because we will all stand united and determined in our fight against crime.
I hope the justice committee will examine what they have done in Japan. Naturally, the political context is not the same here as in Japan. I will say right away that there is no charter of rights and freedoms there. In Japan, groups similar to the Hell's Angels are not allowed to wear crests. Any public reference to this type of organization is prohibited. I think this is an interesting idea.
Again, a police officer was telling me “You are quietly driving along highway 20, on your way to Quebec City. You know there are members of organized crime behind you going 40 kilometres an hour. Nobody is going to pass them. Nobody is going to dare pass them, because they are seen as something strong and invincible”. We do not have legislation to prohibit the wearing of crests.
There is a myth surrounding the rise of these gangs. Never has a member of the Hell's Angels ever been kicked out of the gang, because of the incredible solidarity that exists within the gang.
Japan, which has had its share of problems with organized crime, has taken steps that have helped, I would not say to eradicate the problem—because it is not true and I would not want to imply that it is—but to control the progression of biker gangs.
I think the idea of prohibiting any public reference to these organizations and the wearing of crests should be considered by the parliamentary committee.
I was in the House at the time and I believe I was the first MP in 1995 to introduce a private member's bill following what happened to young Daniel Desrochers. We were truly convinced, all of us, the Liberals as well as people on this side of the House, that we needed anti-gang legislation.
There was a problem though. We could not make it an offence to belong to a criminal organization because, under common law, one cannot be found guilty by association. One can only be found guilty by virtue of one's acts, one's behaviour.
We could not directly declare a member of a group like the Hell's Angels a criminal. So we created a new offence called an organized crime offence. Today, we must recognize that in spite of all our good faith—and I am convinced everybody acted in good faith—the legislation has not produced the expected results.
The reason for this is twofold: first, the offence itself is far too serious. An offence under the Criminal Code or any federal act is punishable by a five year jail term. Then the organization, whether formal or informal, must have a membership of at least five, and the individuals accused of the organized crime offence must have had a criminal record over the past five years.
This is the theory of the three fives. The result of this is that unfortunately, in spite of the fact that police officers have solid evidence to present a test case before common law courts, we cannot at this point benefit from the work done on Bill C-95.
I would have a lot more to say about organized crime, because it is an issue which deeply concerns me. My hope is that we will spare no effort and not give in to blackmail and intimidation. We should follow the example of some of our colleagues. What they did has shown us what we must learn on this issue.
I am convinced that all the parliamentarians who take part in the work of the justice committee will do so in a spirit of good faith, determination and open-mindedness.
If we work together, in a non-partisan fashion, we will win the fight against organized crime.