Mr. Speaker, as we now know criminal gangs of all kinds are expanding and do not hesitate to impose their law wherever they can and wherever it is profitable.
In Quebec a criminal gang like the Hell's Angels does a lot more than simply manage some trafficking. These people do not hesitate to use all means at their disposal, including of course illegal ones, to eliminate all those who put themselves in their way. Not long ago, I was against the adoption of an anti-gang legislation.
At the time I was convinced that police forces and the judicial system had all the tools they needed to stop the activities of all criminal organizations in Canada without exception and put all their members behind bars.
With passage of Bill C-95 in April of 1997, I believe like many others, that some provisions of the new act, namely those on search and seizure, penalties for gang members, electronic surveillance, explosives and crime proceeds, could actually stop the illegal activities of most of these criminal organizations. Unfortunately I now have to change my mind since I see no real improvement in the fight against the activities of these criminal gangs.
I therefore urge members of the House to seriously consider any new reasonable measure that could help to put a stop to this high level criminality. Under the present circumstances, it seems almost impossible to put these offenders behind bars because they use the current legislation to thwart the very provisions that are supposed to put them out of business.
How is it that we cannot connect certain shifty individuals with organizations like biker gangs or well-known mafia groups? And how is it that it is almost impossible to connect many criminals with violent crimes or some other offence like drug trafficking?
Obviously I would not want to see the Canadian authorities go on a purposeless witch hunt across the country. I am quite capable of seeing the difference between ordinary people and notorious criminals. I also know, however, that there are many dangerous individuals out there who are members of the 35 biker gangs known in Canada who are ready to do anything and who brag about having committed criminal acts without being bothered by the authorities.
I therefore think it is important for us to adopt new anti-gang legislation that would give us the tools to separate the good citizens from the bad criminals, members of all kinds of organizations whose ultimate aim is to commit offences that will give them enormous financial benefits and even more power.
In other countries such as the United States, France, Italy and Russia there are laws that try to improve the tools the police and judiciary have at their disposal to help them fight organized crime.
For example, our neighbours to the south have the RICO Act, the Racketeer Influenced and Corrupt Organizations Act, which targets four violations related to infiltration of businesses by gangsters. About fifty offences are clearly mentioned in that legislation and offenders are liable to a life sentence or twenty years in prison.
Contrary to what some parts of our Bill C-95 provide for, in the U.S. a person charged with an offence does not have to be convicted of the criminal activities mentioned in the RICO Act. The prosecution just has to prove that some crimes, such as extortion, theft, arson, abduction, fraud or the printing of counterfeit money, were committed.
Furthermore, with the RICO Act, contrary to what happens in Canada, there is a procedure called the reverse burden of proof. Under this procedure, once certain criminal activities have been proven beyond any reasonable doubt, the accused has to demonstrate to the court that the source of his assets is legitimate.
In Quebec as everywhere else in Canada, if members of the House were to promptly pass some new anti-gang legislation, we could, from then on, require any member of a criminal gang to explain before the court where he got luxury items, such as residences, cars, jewels and so on, when his income tax return shows a very modest annual income.
Another good example is section 265 of the French criminal code, passed in February 1981. It is the only one to explicitly forbid membership in a criminal organization. It says, and I quote:
Anyone found guilty of membership in an association or involvement in an agreement designed to take one or several measures in preparation for one or several crimes against persons or property offences shall be sentenced to a period of imprisonment of five to ten years and may be denied entry.
As people say in France, it is a well-known fact that membership in a crime syndicate is illegal.
Unlike what we see in Quebec and in Canada, criminals in France do not operate openly. If they were still in existence, the Bonnot gang would not be allowed to have a bunker or use calling cards. Some of its members would not be using complimentary tickets to attend a boxing gala.
The leader of the Bloc Quebecois recently reminded us that organized crime is responsible for over 150 violent deaths. He also added that we now have a consensus in Quebec to act quickly to fight organized crime.
The Bloc Quebecois, the Quebec government, the Quebec Press Council and the Montreal Urban Community Police Department are among the groups urging the federal government to introduce harsher legislation against organized crime.
In our view, a partial suspension of the Canadian Charter of Rights and Freedoms is not to be excluded if it could help to achieve the desired effects, namely to quickly quash any increase in violence and the feeling that these criminals are untouchable, as they would like the population to believe.
Believe me when I say that I am not trying to score political points when I stand here in the House to demand changes to the criminal code. In fact, because the illegal sale of all kinds of drugs brings every year some $10 billion to drug traffickers, we have to deal swiftly and firmly with such criminal activities. Are members aware that some young prostitutes hit the streets as soon as 6 a.m. because they need a fix?
The work of the House sub-committee on organized crime will surely continue for some time, I hope, in spite of the remarks made a little earlier by our Liberal colleague. However, we feel it is urgent to act in order to deal swiftly and effectively with those who treat the laws with contempt.
Personally, I think it is urgent to act to quickly better equip ourselves to effectively counter organized crime because the situation is catching up with us.
In conclusion, I urge members of the House as well as government members to act as quickly as possible in order to repress more effectively all criminal gangs at work in Quebec as well as across Canada.
I feel that the shortcomings of several of our laws are major assets for organized crime and its supporters. I would even add that the strength of organized crime lies in the weakness of our actions.