Madam Speaker, it is always important that the work of the government continue.
As I was saying, that legislation and the activities of FINTRAC that are undertaken pursuant to it are a key part of Canada's response to the problem of money laundering.
FINTRAC collects, assesses and discloses information to the law enforcement to assist in detecting, preventing and deterring money laundering and the financing of terrorist activities in Canada and abroad. This legislation is very important to our work against proceeds of crime and organized crime, as well as terrorism.
In addition, I note that the government has committed substantial money to fund the integrated proceeds of crime initiative, which is sometimes referred to as IPOC. These initiatives fund IPOC units across the country which take a strategic approach to finding, seizing and forfeiting proceeds of crime.
Proceeds of crime can be concealed in numerous ways. These IPOC units bring together federal, provincial and municipal police, Justice Canada crown counsel, customs officers, federal tax investigators, forensic accountants and asset managers as part of an integrated team effort to attack proceeds of crime.
I am pleased that the recent federal budget announced a renewal of the funding for this initiative.
I would be remiss in not also mentioning major new organized crime legislation that was introduced and passed by this House in 2001.
That legislation introduced major new amendments in four categories.
First, the act created new criminal organization offences that comprehensively target a full range of activities undertaken for the benefit of, at the direction of, or in association with a criminal organization. This includes provisions allowing for the imposition of tough penalties, including provision for consecutive sentences and reduced parole eligibility.
Second, the act included measures to improve the protection from intimidation of people who play a role in the justice system.
Third, the act created a process to protect designated law enforcement officers from liability for offences for certain otherwise illegal acts committed in the course of investigations, provided that their actions are reasonable and proportional in the circumstances.
Fourth—and most pertinently with respect to the subject matter before the House today—the act broadened the powers of law enforcement officers to seize and forfeit property that was used in a crime. In particular, in this last regard, the new legislation passed in 2001 broadened the application of the proceeds of crime provisions in the Criminal Code to almost all federal indictable offences and expanded the ability to obtain the forfeiture of offence-related property.
Since the various provisions of this new organized crime and law enforcement legislation came into force in early 2002, implementation of the new measures has been ongoing. This has been aided by a substantial investment of federal money that was made in association with these new measures.
As can be seen, the government has done much to target organized crime and, in particular, to go after the proceeds of crime. That does not mean, however, that improvements cannot be made. It must be recognized that realizing on the proceeds of crime can be an arduous task. Criminals and those in organized crime in particular can be experts in defeating attempts to go after their ill-gotten gains.
We recognize that we have to do better, including making legislative improvements as necessary. The area of proceeds of crime is not the only one where we are looking at potential changes.
We recognize that there are challenges associated with prosecuting large and complex criminal cases and that certain especially great challenges have arisen in organized crime megatrials. Some of the challenges in megatrials include high costs, burdens on judges and juries, procedural difficulties, and the need for special training, facilities and security measures.
At their meeting in January of this year, federal, provincial and territorial ministers responsible for justice agreed with recommendations concerning megatrials from a steering committee on justice efficiencies and access to the justice system. Recommended changes include both the practical steps on the management of megatrials and the legislative changes as well. These recommendations have been referred to the Department of Justice for additional policy work needed to move them forward.
Closely related is a government initiative with respect to disclosure reform. Of course the right of an accused person to the disclosure of relevant information in the possession or control of the Crown is protected under the Canadian Charter of Rights and Freedoms. However, in recent years difficulties in making the required disclosure have arisen, particularly in large and complex criminal prosecutions such as those against organized crime.
Justice Canada has developed proposals for amendments to assist in ensuring that disclosure obligations are fulfilled more efficiently and effectively. A public consultation paper was released on this subject.
Closely related is a government initiative with respect to disclosure reform. Of course, the right of an accused person to disclosure of relevant information in the possession or control of the Crown is protected under the Canadian Charter of Rights and Freedoms.
However, in recent years, difficulties in making the required disclosure have arisen, in particular in large and complex criminal prosecutions, such as those against organized crime. Justice Canada has developed proposals for amendments to assist in ensuring that disclosure obligations are fulfilled more efficiently and effectively and a public consultation paper was released on this subject.
All of these previous changes and new measures being contemplated—including changes in the area of proceeds of crime—are designed to make the justice system more effective in the way it handles serious crime. Of course, we must recognize that proposed new measures being contemplated are significant and complex and will not happen overnight.
At the same time we must also recognize that any changes we make must be consistent with the charter. Respect for the charter is not a mere incidental aspect of legislation introduced by the government but is core to what the government is committed to respect.
In this respect we must ensure that any presumptions put into legislation must make sense in what they presume in law. Further, we must ensure that legislation, however noble in its intention, must not be abusive or over-reaching in its effect. I think all parliamentarians can agree on that.
Reverse onus provisions in our criminal law are not impossible to achieve within these bounds; however, they are ones that do inherently raise concerns and must be very carefully considered before they are put in place. In this regard the government would very closely review any such legislation before it is put forward. I can assure the House that this is now taking place.
In line with the commitment already made by the Minister of Justice at a meeting of his federal, provincial and territorial counterparts, I feel that I can support the thrust of this amendment. Of course the exact timing and introduction will be of the government's prerogative.