Mr. Speaker, I know that all members share a concern about the serious problem of organized crime. It is a problem that affects all provinces and communities in Canada, be they urban or rural.
Events in Quebec and in other provinces in recent years have shown us that organized crime has many faces. It involves drug trafficking, prostitution, gun running, money laundering and migrant smuggling.
High profile crimes, trials and investigations in Quebec, Manitoba, Alberta, British Columbia, Ontario and other provinces have engaged the attention and concern of all Canadians. The recent events in Quebec, in particular those involving the murder attempt on a respected and courageous Montreal journalist, have brought the problem of organized crime front and centre in the national consciousness.
In the wake of these disturbing events my colleague, the solicitor general, and I have affirmed that the criminal legislation of Canada will be re-examined to see if the tools available to police and to prosecutors are being used to their fullest effect and whether they can be improved.
We and our officials at all levels will be working with the authorities at the provincial and local levels, especially the police who are in the frontlines of this battle, to ensure that adequate and focused resources are available and are applied in a co-ordinated way.
Let us be clear. As I mentioned earlier today, we will be working with our provincial and territorial counterparts to make sure that, if we need new laws, we will get them.
Before we talk about new tools or resources I would like to focus on some of the actions that have been taken in the last few years to address the challenges of organized crime. For example, the anti-smuggling initiative targeting in particular the smuggling of drugs, guns and other contraband by organized crime gangs was introduced in 1994 and I am pleased to say was most recently refunded in June 1999.
The Witness Protection Program Act came into force in 1996. We should ensure and we must ensure that this program is being applied effectively and is adequately resourced.
The Controlled Drug and Substances Act was enacted in 1997. Together with the police enforcement regulations adopted under the act it provides for exemptions for police officers involved in important undercover work in drug cases and for the ability to seize property that is used to commit those crimes.
Bill C-22 was enacted earlier this year and introduced new tools to improve the detection, prevention and deterrence of money laundering in Canada, which is key to attacking the complex web of organized crime. As we all know money is the lifeblood of organized crime.
Most important, in regard to the threat posed by biker gangs and other criminal organizations we put in place measures in Bill C-95. The cornerstone of Bill C-95 was a new offence that made participation in the illegal activities of a criminal organization an indictable offence punishable by up to 14 years in prison to be served consecutively. This provision establishes an offence covering anyone who participates in or substantially contributes to the activities of a criminal organization and who is a party to the commission of an indictable offence for the benefit of, at the direction of, or in association with that criminal organization.
It has been proposed, however, that it should be enough to prove that someone is a member of an identified criminal organization without being able to or being required to prove that he or she has been guilty of any criminal activity. If necessary, it has been suggested that we invoke the notwithstanding clause to support such a proposal.
Such an approach has the advantage of simplicity, but while I am prepared to entertain all proposals to strengthen our existing laws and while I do not outright reject any suggestions, a simple membership offence will have to be carefully and rigorously scrutinized from all perspectives.
It is clear that action against organized crime continues to be a top national priority and that progress has been made on the agenda established in 1999 for this effort. This national effort will employ existing legislative, regulatory and administrative tools as well as new and innovative approaches to do the following: first, to target criminal assets and proceeds; second, to enhance the investigation of organized crime by such means as a better sharing of information; third, to enhance the prosecution of organized crime; and fourth, to safeguard the integrity of the criminal justice system from threats by organized crime in particular by preventing the intimidation of police, prosecutors, judges, jurors, witnesses and other persons who play a critical role in our justice system.
One example of a new and innovative approach is the concept of civil forfeiture. This technique attacks the assets and proceeds of organized crime in a way that is different from traditional criminal law.
This approach is being considered at the provincial level and by officials within the Department of Justice. The constitutional division of powers in Canada poses challenges to this particular approach, but there is a strong will among all governments in Canada to work together to find new ways of dealing with organized crime.
Senior officials from my department and of my colleague, the solicitor general, will be meeting tomorrow morning with their counterparts in Quebec. They are examining together the investigative, evidentiary and other problems being experienced in that province with regard to using the existing legislative provisions that target organized crime. No doubt there will be meetings at all levels with other provincial officials. Organized crime is a pervasive problem that exists throughout Canada, and so we need to work in concert with all our provincial and territorial colleagues to find the solutions.
I believe that improved legislative tools are possible and that their use must be made as effective as possible. Co-ordinated, effective and adequately resourced enforcement efforts by police and prosecutorial authorities at all levels in Canada will be the key to the effective use of new legislative tools.
The justice committee is already examining the problem of organized crime through a subcommittee that began its work recently. The issue of intimidation in the criminal justice system is one issue that I know the committee will no doubt be examining closely along with the many other facets of the problem of organized crime. I encourage the committee to move forward with its work quickly. It is important work.
The problem posed by organized crime is serious. We must be willing to review our laws to see if we can improve them to make them more effective. We need also to look at the efforts we must make to aggressively investigate and prosecute those involved in criminal activity of this kind, but we must also think very carefully before we concede that we cannot in a free and democratic society fight organized crime with effective tools that also respect civil liberties and fundamental justice.
