Madam Speaker, were it possible to apply the evidence from one case to another case, that would have made things easier. Unfortunately, that is not possible. The creation of a list makes it possible to avoid that burden of proof. Currently, if someone is accused of organized crime, or “gangsterism”, it must be proven that that person is a member of an organization and that that organization is actually a criminal organization.
My colleague is right in stating that the existence of a criminal organization can still be proven, but paragraph (c) of the definition of a criminal organization in subsection 467.1(1) provides the possibility of creating lists of entities, which frees crown prosecutors from the obligation of proving it each time, with the risk of contradicting decisions and significant delays of several weeks or several months to prove that the organization is a criminal organization.