Mr. Speaker, I am very pleased to rise today in support of the motion to ask the Standing Committee on Justice and Human Rights to study the issue of organized crime and analyze the legislative avenues open to parliament to fight against activities of criminal organizations.
I have 10 years experience in police service. As the former chairman of the Waterloo Regional Police, I find this of particular interest. It is certainly one where all Canadians look for leadership from their federal government to ensure our communities, wherever they are in this great country, are safe and secure for themselves and their children.
Public concern over organized crime is not limited to any one part of Canada. The RCMP reports that there are biker gang activities and criminal enterprises in several parts of this country. Indeed, the gang problem goes far beyond outlaw biker groups. In addition to biker gangs, there is a host of organized crime groups that operate and prey upon the weak in their own communities and on Canadian society. That is unacceptable.
It is commonly known that organized crime is actively involved in trafficking in illegal drugs. Last summer all of Canada saw firsthand how organized criminal snakeheads were callously smuggling Chinese people on rusty old ships to our shores. This is unacceptable as well. It is perhaps less well known that they are also involved in environmental crime, like illicit waste treatment and disposal, trade in endangered species and ozone depleting substances. They are involved in economic crime like white collar crime, for example, such as security fraud and telemarketing fraud. We also know that they are involved in the sale of counterfeit products, in violation of intellectual property rights and software piracy, money laundering and motor vehicle theft for export or for parts.
There are those who claim that the police are powerless to fight organized crime. Some argue that the police need more money. Others argue that they need less. I think we should find out what the facts are in this case.
It has been two years since parliament considered and enacted any gang legislation. The provisions contained in Bill C-95 originated in discussions with the police community and other members of the justice system in September 1996 when the then minister of justice and the solicitor general held a national forum on organized crime. This event brought together representatives from the police community, the federal and a number of provincial governments, the legal community, private industry and academics to examine the increasingly complex problem of organized crime in Canada and to recommend integrated and effective measures to address it. Participants examined the feasibility of legislation that would provide new tools to the police, prosecutors and courts to combat organized crime.
We must recall another factor that led to the enactment of Bill C-95, and that is the public's revulsion at the violent events associated with a turf war between two rival biker gangs, the Hell's Angels and the Rock Machine in Quebec, in which not only members of the gang but also innocent bystanders were tragically affected.
The legislation that followed Bill C-95 enacted new powers in relation to the interception of private communication, proceeds of crime and property used to commit offences and other things. It also outlined for the first time in Canadian criminal law a definition of a criminal organization and created a new offence of participation in a criminal organization offence. This legislation has been in force now for two years.
This may seem like a long period of time to some, but I understand that a typically complex organized crime investigation takes several years to progress to the point where charges are laid. In fact, I know that to be the case.
Nevertheless, some of these investigations directed at criminal organizations using the tools provided in Bill C-95 have now been completed. Charges have been laid and prosecutions are proceeding. Indeed, there have been convictions. Reports have appeared in the media in recent weeks regarding some of these prosecutions, notably in the provinces of Quebec, Manitoba and Alberta.
It is important, however, to ensure that the provisions of Bill C-95 are well understood. Not every case is appropriately pursued as a criminal organization investigation or a prosecution. It is not intended to be the only tool used to combat organized crime. It is built on the tools already available in the criminal code and responded in particular to investigative and prosecutorial challenges posed by criminal organizations. These are specialized tools in that sense.
Justice officials have been working in co-operation with the solicitor general's department to provide training to police and prosecutors regarding the contents of the criminal organization legislation. Justice officials have provided full day and half day training sessions across the country to over 500 members of the provincial and federal police and prosecution services.
Law enforcement must be careful to ensure that powerful but integrate powers provided for in legislation are not used inappropriately or unnecessarily.
The committee may want to assess the extent to which the provisions are being used and their effectiveness. If there are ways to improve upon the manner in which the legislation is used, we should facilitate the sharing of these best practices. If there are improvements in the legislation that could be considered, we should assess them collectively.
In another area of organized crime, combating telemarketing fraud remains a priority for the Government of Canada, in particular within the context of its organized crime agenda.
Since the 1997 binational report, Canada in partnership with the United States has made significant strides in combating cross-border telemarketing fraud. The major legislative developments include Bill C-20, which recently added the new offence of deceptive telemarketing to the Competition Act.
It also includes Bill C-51, which amended the criminal code to link the new deceptive telemarketing offences in the Competition Act to the criminal code scheme authorizing the seizure and forfeiture of proceeds of crime for enterprise crime offences. This amendment now allows the significant proceeds generated by many telemarketing schemes to be captured.
Finally, Bill C-40, which amended the Canada Evidence Act and the Extradition Act to provide for the use of video linked testimony to be given at criminal trials and at extradition hearings.
We are building on our successes and will continue to combat telemarketing fraud through public education, information sharing and co-operative law enforcement using the new legislative tools that we have developed over the past year.
Before concluding, I would also like to address the issue of acts of intimidation directed against key players in the criminal justice system. My colleagues in the House will know that the concerns have been voiced with regard to this issue of intimidation directed against officials responsible for the investigation and prosecution of crimes: judges and persons responsible for the administration of sentences of convicted offenders, as well as members of the public who become involved in the criminal justice system as informants, witnesses or members of juries.
The intimidation of justice participants is purpose-driven. The purpose is either to interfere with the ability to secure a conviction against the accused or, in the case of an organization, against other members of the organization in the future, or to exact revenge. It is intended to destabilize the criminal justice system, particularly where the prosecution of organized crime is concerned.
The government is acting in this area and the Department of Justice is currently examining this issue. It is consulting with representatives of federal, provincial and municipal police agencies, federal and provincial prosecutors, federal and provincial correctional officers and officials and judges in all parts of Canada. The object of this exercise is to determine the scope and severity of the problem of intimidation and to develop an appropriate legislative response. I applaud this initiative. It is important for all our communities in terms of making them safer and more secure.
I will conclude by observing that organized crime is a pressing problem which takes various and many forms. The international community has identified the fight against organized crime as a priority issue. The Canadian government has taken a similar position, and rightfully so. It is important for all Canadians to have us move in this very important area.
Let us see if the Standing Committee on Justice and Human Rights can identify legislative avenues that can be effectively pursued by parliament to win the fight against the activities of criminal organizations.
I think this motion is most in order. It is useful and we should get on with passing it to make sure it goes to the committee where we can examine these and all important issues relating to organized crime.