Mr. Speaker, I am very pleased today to take part in this debate on the Bloc Québécois motion. Our motion seeks to amend the Criminal Code so as to reverse the burden of proof in our legislation.
This motion was moved by my colleague from Charlesbourg—Haute-Saint-Charles, and seconded by my colleague from Saint-Hyacinthe—Bagot. First, it is important to read the motion:
That, in the opinion of the House, in order to better fight crime, the government should introduce a bill by May 31, 2005, to amend the Criminal Code by reversing the burden of proof as regards the proceeds of crime, requiring the accused, once found guilty of a serious offence, to demonstrate on the balance of probabilities that their assets were not obtained using the proceeds of their criminal activities.
First, I want to remind the House that the motion introduced today comes as no surprise. The Bloc Québécois has been working for many years and has led a real crusade since the 2000 election campaign to get the federal government to introduce measures and amend the Criminal Code to include this reversal of the burden of proof.
On this side of the House we thought, and still do, that we needed to provide police officers and crown prosecutors with every possible means to combat organized crime better, since it is has such a social and economic toll on society. As early as the 2000 election campaign, the Bloc Québécois had been calling for amendments to the Criminal Code, thereby providing law enforcement officers with more concrete measures and more suitable provisions to deal with this scourge.
The government did, of course, respond in part to what the Bloc Québécois was calling for by passing Bill C-24 in this House in June 2001. This amended the Criminal Code to enable law enforcement agencies to seize, block and confiscate the proceeds of organized crime.
It is important to keep in mind that organized crime is not restricted to motorcycle gangs. Any group of more than three individuals involved in criminal activity can be considered a criminal organization according to the law. These individuals can therefore be found guilty by virtue of the amendments adopted by the House of Commons in 2001 in the form of Bill C-24.
As I have indicated, however, the Bloc Québécois supported the government's Bill C-24, and as I also said did not deem it to be sufficient. We have several examples proving that the bill has not necessarily achieved its initial objective: attacking organized crime. This is why my colleague from Charlesbourg—Haute-Saint-Charles introduced Bill C-242 in October 2004. This bill basically was a remedy for the government's inaction in connection with the impossibility of including the reversed burden of proof in the Criminal Code.
So, four years later, we have decided to present this motion. The ancestors of that motion were the Bloc and the hon. member for Charlesbourg—Haute-Saint-Charles, whose major crusade has led to the motion before the House today. As my colleague from Chambly has said, to our great surprise, today the government is supporting our motion.
I recall that when Bill C-242 was introduced by my colleague, it received support from a number of members of the House, in the NDP and the Conservative Party. They all agreed that legislative amendments would be needed in order to include this reversal of the burden of proof in the Criminal Code.
What is interesting is that my colleague was the first one on a path later followed by even the federal and provincial ministers. They expressed their agreement with this approach to reverse the burden of proof in June 2004—that is, quite recently—at a federal-provincial conference where the issue was actually discussed. The provincial ministers gave their support to the approach recommended by the Bloc Québécois, not only during the 2000 election campaign, but also more concretely in Bill C-242, introduced in the House of Commons by the hon. member for Charlesbourg—Haute-Saint-Charles.
Thus, all of Canada is lining up behind the Bloc Québécois. The newspaper Le Devoir had a comment on this recently, in February 2005, and I quote:
The Bloc Québécois, the first political party to propose the reversal of the burden of proof, in Bill C-242, introduced in the Commons last fall, has taken this idea to heart. “It is a suggestion that pleases the Bloc”, confirmed the member for Charlesbourg—Haute-Saint-Charles—
In this respect, it is very clear that my colleague from Charlesbourg—Haute-Saint-Charles has been a real trailblazer on this issue.
Why do we have to fight organized crime by adding the reversal of the burden of proof to the Criminal Code? First, because of the huge social and economic impacts.
How can we agree, in this Parliament, that people—whom I dare not describe as ordinary—the citizens of Canada and Quebec who earn their living honourably, who must pay income taxes and other taxes to the federal government and who do so fairly and honestly, see these people, these organized groups, these criminal gangs, finding all sorts of devious ways to practice what amounts to tax avoidance.
It means significant losses for the Canadian government and, in the end, for the social, education and health services that the taxpayers are entitled to receive. Meanwhile, these organized criminal gangs laugh at the world and in the faces of people who earn an honourable living, and meanwhile, we, the elected representatives, look at the situation and refuse to act.
This is nothing new. This comes as no surprise. Many countries have adopted this same approach at various levels. Some countries partially reverse the burden of proof. Others, like Australia, fully reverse it. France, New Zealand, the United Kingdom and Germany have decided to include this important concept in their legislation.
It is a question of social justice, individual rights and justice. Provided the motion is unanimously passed by this House in the next few days, it should inevitably lead to the tabling by the government of a bill to recognize this issue and to give effect to the motion by my colleague from Charlesbourg—Haute-Saint-Charles and the Bloc Québécois.
I can assure you that we will be vigilant over the coming months and weeks, should the government decide to table a bill. We will work at the parliamentary committee and we will make sure that the very spirit of the motion tabled by the Bloc Québécois—that could be passed by this house—is reflected in this bill.
Often the government opposite refuses to keep its word.
What we are hoping for today is for this motion—tabled in the House of Commons and votable—to be reflected in a bill.
Partisanship aside, the Bloc Québécois will be proud to support the bill that is tabled. We must never forget that the hon. member for Charlesbourg—Haute-Saint-Charles and the Bloc Québécois were trailblazers in this.