Mr. Speaker, I am pleased to participate in this debate and to follow the hon. member for Winnipeg—Transcona, a new member of our justice committee who brings a great deal of credibility to the debate and great oratorical skill to the House of Commons.
Our party, as are I think all parties without exception, will be supporting Bill C-24. It is somewhat of a reincarnation of legislation we saw in the last parliament. It is very important and timely to the process of dealing with the ongoing plague of organized crime in Canada. It will allow police officers and prosecutors, both through legislation and in some instances through increased resources, to combat and turn their undivided attention in some instances to the growing problem of organized crime.
Neil Young sings of rust never sleeping. Well, crime never sleeps. Crime is unfortunately becoming more and more active in many communities and I am not talking only of the big cities. Crime is becoming prevalent in small towns and rural parts of the country.
We are particularly vulnerable in coastal communities, I hasten to add. Sadly, since the disbandment of the ports police in the country that is even more the case. We are seeing an obvious attempt by organized crime to profit from illicit acts of importation, in many instances of contraband materials. I am talking about drugs, which are the chief trade, as well as guns, pornographic and contraband materials brought into the country under the radar of our current law enforcement capacity. One would hope with the greatest optimism that this legislation will help address, at least in part, this very complex problem.
There is a great need for this legislation. The RCMP, who arguably is the most affected by the issue, is I think cautiously optimistic. The new RCMP Commissioner Zaccardelli alluded to the fact that organized crime has plans to use bribes to destabilize the country's parliamentary system. That came as a shocking revelation to many when they read it in the newspapers. It raised eyebrows across the country. It demonstrated the profound epidemic of organized crime and the lengths that organized crime will go to on occasion to exert influence, and I am obviously not talking about a positive influence.
That epidemic has for many years been virtually ignored by the current government. It is therefore very encouraging to see it finally recognize the issue and give it a priority after seven years.
On Tuesday, September 12, 2000, the Quebec public security minister, Serge Ménard, urged the federal government to use the notwithstanding clause to outlaw membership in gangs such as the Hells Angels and the Rock Machine. Because such a move might be struck down by the courts as unconstitutional, he was urging the government to give at least an indication that it would not hesitate to use the notwithstanding clause.
When it comes to organized crime, one thing everyone understands is that it does not play by the rules. It does not abide by the laws, whereas of course law enforcement, prosecutorial services and the government not only have to put laws in place but stay within the boundaries and confines of those laws, and rightly so. Therefore we are sometimes talking about a distinct disadvantage on the part of our system of enforcement vis-à-vis outlaw gangs. Extraordinary times sometimes call for extraordinary action. That is why, I am sure, the suggestion was made that the notwithstanding clause might be invoked in those circumstances.
The Department of Justice clearly suffers from constitutional constipation at times, I think, from this fear that somehow if a law is made that might be deemed unconstitutional we should refrain from enacting it.
This law will be challenged in our courts, as many laws before it have been challenged. That is part and parcel of the process. In particular, I can guarantee that the legislation that expands police powers will be the subject of numerous court challenges. We can bank on it.
We simply cannot hesitate in or refrain from introducing legislation in the fear that somewhere in the land, whether it be in the Supreme Court of Canada or in some other court, a judge may decide that this is not within the bounds of the constitution. That is part of our judiciary. That is part of the process. I guarantee that this legislation will be challenged, like other legislation has been.
However, when dealing with organized crime and the repercussions of having organized crime go unchecked we sometimes have to make laws that expand the current envelope and go beyond the realm of what has been the normal practice.
While the Quebec minister was expressing these concerns, on the very next day, September 13, the day after the call from the security minister of Quebec, Mr. Michel Auger, a journalist in Montreal with the Journal de Montréal , was shot five times in the back. This was most likely the action of and has been attributed widely to outlaw motorcycle gangs. I am informed that it was likely the act of someone who wanted to join one of the gangs and was part of the movement to get in, to show somehow that this person had what it takes to be involved in this type of activity. They are sometimes the most dangerous, these puppet groups, these individuals who are trying to ingratiate themselves, to earn their patch so to speak. Mr. Auger's fate and the fate of many others who have expressed opposition to organized crime and have raised the spectacle of somehow trying to get this issue under control has been that they have sometimes faced the wrath of the gangs themselves.
Criminal gangs are far-reaching now. They are branching out. As I said in my opening remarks, they are found in communities across the country, whether they be rural or urban. Many Canadians are starting to feel particularly unsafe because of this audacious presence. In the city of Halifax, there are many people who are very concerned. Individuals such as Matt Jardine and others who live in Halifax are concerned about what is happening in their city.
An outlaw motorcycle gang, the Hells Angels, now has its colours flying in radiant lights in front of its clubhouse in the city of Halifax. This is the affront to democracy. It is an affront to policing and the safe, secure feeling that people should have in their communities.
There is a real need for this legislation. Again, it is encouraging that it is being brought forward now. The minister often uses the phrase in a timely fashion, and this has been timely for many years. The time is here and we are encouraged by that.
Organized crime also is becoming very prevalent in many circles where it was traditionally unseen, such as the Internet. The Hells Angels, I am told, have one of the largest Internet sites available. It is information that is now transmitted through cyberspace, not only across this country but across the United States, North America and the world. That is very disturbing. Obviously the ability to transport information can be an extremely positive thing, but organized crime can use it for a very nefarious purpose, so there is certainly a need for legislation in that area at some future time. It is not addressed by this legislation.
The bill has taken on a very broad background, if we will, in terms of what types of organized crime we are dealing with. Eastern bloc European gangs have emerged, such as the traditional Mafiosa-Italian connections, and there are the snakehead organizations, Chinese triads, Oriental groups that are forming gangs and the traditional so-called motorcycle gangs, which are, as I have said, becoming more prevalent.
The Minister of Justice gave repeated assurances to study options for strengthening our current legislation to break the back of organized crime. Although some of those details were not discussed publicly, we do know that attempts were made to introduce legislation in 1997. We see it coming back now in this form. The minister reiterated this in her comments.
I do applaud her. I applaud the minister's initiative in bringing forward this legislation now. It has finally received priority and would allow those administering it, mainly the provinces and the law enforcement community, to attack the issue and to attack the underbelly of these gangs. In particular, this legislation allows for greater use of attacking the proceeds of crime, that is, going after the actual resources of organized crime and taking away the flow of money and the benefits received from illegal acts.
It also very clearly and specifically simplifies the definition and the composition of criminal organizations for purposes in a court. The bill targets various degrees of involvement within organizations, that is, it attaches the type of activity that is deemed to be participation in a criminal organization. Sometimes that is just watching. Sometimes it could be the person working on a dock in Halifax who turns a blind eye to an importation or to a boxcar coming in with illicit contraband material.
The legislation also would make it easier for police and prosecutors to arrest and jail those involved in organized crime and keep them in prison for longer periods of time. There is a greater element of deterrence, both specific and general, at work in the bill for those who choose this path.
The bill would allow law enforcement officials to declare forfeit the proceeds of crime from organizations, to seize the property and to perhaps put that resource back into the community that has been harmed. It allows law enforcement officers to seize things like houses, boats, cars and money and to allow the resource that has been pillaged and raped from a community to go back into it and perhaps benefit it and try to rehabilitate some of the harm that has been done.
The legislation would also strengthen rules protecting against intimidation of witnesses, jurors and their families at organized crime trials. It would strengthen the protection for federal ministers and members of parliament. It would improve protection for law enforcement officers from criminal liability when they commit certain illicit acts while engaging in undercover operations.
One thing missing from the legislation and which has been pointed out by several members today is that it does not include provincial ministers. I believe that was perhaps a legislative oversight. I am certain it is something that can be corrected at committee.
In particular, the provisions in this bill send a very important signal that the Parliament of Canada is not going to sit back and rest on the laurels of the fine men and women who are currently working in our justice system, but that it is actually going to bolster support for them and enhance their ability to do their job and their ability to protect us, because it is that thin blue line, as it is sometimes called, that the police provide to the citizens of Canada.
We are supportive of the amendments that deal with taking away the proceeds of the crime, taking away the lifeblood. There are very positive amendments to this bill that could be tightened up. Again, hopefully we will have an opportunity to do that in the process.
Of course I mentioned the absence of protection for provincial ministers. There is also perhaps some need to protect journalists in some instances, as we saw with Mr. Auger.
There is a problem with respect to the funding for the legislation. That in and of itself is perhaps its greatest weakness. The legislation has come about, typically, with great fanfare and with announcements made in the press gallery. I think the minister has had her knuckles rapped a little in that regard. The legislation announces $200 million to address this specific problem. That comes as great news to those in law enforcement and was met with great enthusiasm by the commissioner of the RCMP and others.
However, the question, the next natural progression of that, is this: when will the money come? There were references in that very press conference to the earlier announcement of $584 million to the RCMP to upgrade CPIC, to allow for greater resources, to allow for more overtime, to allow for resources and for perhaps greater access to justices of the peace or greater access to informants. They are all important elements of the police task in protecting Canadians.
When will the money arrive? It would be very interesting to hear from the minister or members of the government how much of that $580 million, the earlier announcement, has actually been put into the coffers of the police. I suspect that the same question will be asked of this $200 million in very short order, because they are crying out for those resources. The police are desperately in need of the financial support. It is fine to make the announcement, to give the moral support here, but they need the actual resources and they need them immediately. That is a question that has yet to be answered.
There is a positive starting point here. There is certainly a determined commitment on the part of the government and on the part of all members of parliament. This has affected individual members of parliament. A member of the Bloc found himself in a very unsettling position, I am sure, when he was the subject of threatening actions on the part of an outlaw motorcycle gang.
The limitless resources of the organized criminal element highlight the fact that the police are often left feeling that they are not on a level playing field legislatively because of their limitations within the law. However, they are also under the increased pressure because organized crime has unlimited resources and is essentially using more and better technology than is available to the police. Members of organized crime are watching the watchers. They are using videotape to tape the police to find out who is watching them. They are transmitting information about judges, about prosecutors and about police. They are sharing information about undercover officers. They are using the Internet to its maximum benefit.
This is the brave new era. This is an age wherein we should be giving the police the tools and the technology to fight organized crime on the same level that organized crime is using. Typically we have seen the government try to fix a problem that in some instances it created. I refer to the ports police. There have also been severe cuts to the RCMP in the past number of years. Clearly the RCMP was suffering budgetary restraints when it had to close its training facility in Saskatoon. Clearly when the Canadian Police Information Centre computer system was almost on the verge of collapse without an immediate influx of money, it was symptomatic of underfunding on the part of our national police force. Bill C-24 would not provide this immediate injection of funding.
There are, as I indicated, elements and commitments that we are very supportive of. What we want to see and what we want to diligently pursue is that the funding is actually going to be there. There are clauses in the bill like, for example, clause 27 at page 29, which talks about the definition of criminal organization. It now needs to be composed of three or more persons and the crown now does not need to show that the offences were committed in the previous five years.
Some of the legislation may seem technical and inconsequential to the untrained ear, but this is very important for the crown and for the police working in cohort to secure convictions. We saw a very recent sting operation in the province of Quebec and parts of Ontario that resulted in individuals being rounded up and charged. There are potentially charges there that will not be affected by the introduction of this legislation, but in the future certainly it will help in the successful prosecution of these types of offences.
One problem that I have picked up on is that Bill C-24 fails to make it a criminal offence to be a member of a group already proven to be a criminal organization. Whether or not an organization is criminal would have to be proven in each particular case, that is, it would create needless expense in some instances and a duplication of resources that would prolong many criminal trials.
There is a general consensus that the legislation is positive. Much of the technical examination of the issue came about as a result of the Shirose and Campbell case that dealt with immunity. It dealt with police officers having the ability to infiltrate crime through in some instances buying illicit substances like drugs and participating in questionable conduct themselves to prove allegiance and to prove that they were working with the gang to gain its trust so that they could break it up.
This is something that raises concern among lawyers and privacy protectors. There will be an examination by a court of law to see that it is in proportion, that it is reasonable in the circumstances. These are the types of matters that we could try to fine tune.
It will no doubt result in court challenges and that should be welcomed. Members should embrace that reality. It is our responsibility to make laws and it is the responsibility of the courts to examine and interpret those laws in some cases.
With regard to the intimidation factor, it is very important that there be as broad a definition as possible for who should be protected from intimidation. Trials cannot function if jurists, lawyers, witnesses, and in some instances police, are feeling intimidated. Intimidation and extortion are things that gangs deal in very much. They put fear into the minds of people if they come forward to testify against gang members.
I am hopeful the minister and the government will be open to certain amendments, further examination and strengthening of the legislation. I trust all members would be supporting the bill.