Madam Speaker, I rise today as well in response to the Solicitor General's first annual statement on organized crime in Canada.
I would like to take this occasion to congratulate all the men and women of this country who are on the front lines of law enforcement in Canada. We know them as police officers, peace officers, customs agents, crown prosecutors.
We must address and recognize the need and responsibility that we as parliamentarians have to those individuals in charging them with this important task of fighting crime in Canada. They are the thin blue line, these men and women who walk the beat and patrol the neighbourhoods of Canada, and they are tasked with enforcing the laws that we make in this House.
Without the active support of these hard working Canadians, many of whom put their lives at risk time and time again, any government's anti-crime measures will fail and fall flat on their face.
The self-congratulatory tone of this report is fine but it is early in the game. I remind the government that as far as this initiative goes, the true test will be time.
I feel it is important to put on the record that the Progressive Conservative Party of Canada also had a key role in kick-starting the government's action against organized crime. Contrary to the implications of the Solicitor General, this government's fight against organized crime did not simply begin under the Liberal government. In fact between 1989 and 1993 the former Progressive Conservative government passed four major pieces of legislation to assist our law enforcement community.
In 1989 the Conservative government passed proceeds of crime legislation for the first time in Canadian criminal law history, making money laundering a distinct crime. This was done to help police officers trace the flow of money derived from criminal activities. The former Progressive Conservative government then passed new proceeds of crime legislation in 1991 which required financial institutions to maintain detailed records of transactions relating to crime.
The former government also passed legislation in 1993 with the passage of the Seizure of Property Management Act. This act created the office of an administrator to seize and retain forfeited property. More important, this legislation provided an incentive to organizations participating in criminal investigations by developing new provisions for the disposal of property obtained by crime.
The final initiative I would mention by the Progressive Conservative government was an act to modify the Customs Act and the Criminal Code. It was a far reaching omnibus bill and made many positive changes to the Criminal Code, in particular in the area of contraband products such as tobacco and alcohol.
I do not want to inject partisanship into the debate, but it is important that everyone realize that this government is picking up where previous governments left off. I mention these legislative initiatives not to dwell on the past but to put in perspective what is going on in this process today.
I am nevertheless willing to extend credit where credit is due. The Liberal government and the Solicitor General in particular have taken positive steps in this area. I commend the Solicitor General for recognizing that more can be done. The Solicitor today used his statement to renew a commitment first made in response to last year's national forum on organized crime. That commitment, although somewhat more vague today, was used to create a new financial reporting requirement regarding suspicious financial transactions and cross-border movement of currency.
To be successful, these requirements must include a very clear principle. Canada must adopt the current U.S. policy that requires financial institutions to report all transactions which exceed $10,000.
With the largest undefended border in the world, Canada and the United States share one of the largest bilateral legal trading relationships in the world. Unfortunately, because of this border, we also share the largest bilateral illegal trading practice in the world.
Because Canada lacks the same tough reporting requirements of the United States, we are allowing our country to serve as a safe haven for these large criminal organizations for ill-gotten gains.
A $10,000 reporting rule is not only my position but that of the party and it is the position of the solicitor general himself who just less than two months ago made a speech to the U.S.-Canada cross-border crime forum. I would therefore urge the solicitor general to live up to his earlier commitments. Instead of being timid and vague on the question of mandatory requirements, the solicitor general should be bold and straightforward and set clear financial transaction requirements in this legislation.
I would recommend that the solicitor general review the definition of participation in organized crime. The new criminal offence and anti-gang legislation approved by the previous Parliament in April of this year leaves that definition very vague in my opinion.
According to this definition, participation in criminal organizations occurs when “a person participates in or substantially contributes to the activity of a criminal organization and knows that all the members engaged or have engaged in an indictable offence within the preceding five years and when the person is a party to the commission of an offence indictable for the benefit of, at the direction of, or in association with criminal organizations”.
What a mouthful. The problem with this particular wording, I would suggest, is that it lacks specific intent. There is a huge vague definition that leaves open the issue of intent which makes it very difficult to prosecute. I would suggest that this particular definition could be reworked and the solicitor general has an opportunity to do so in his upcoming round of legislation.
The solicitor general also commented that arrests and seizures under the new anti-gang legislation are regularly making headlines. Headlines are nice, but law-abiding Canadians are seeking concrete results and, as has been referred to earlier by some of my colleagues in the opposition, this is what Canadians are looking for the most from government and from Parliament, concrete results not empty rhetoric.
There was also a very telling comment made by my colleague from the New Democratic Party about the government's apparent contradiction in fighting crime. On the one hand, it has taken the initiative to introduce anti-gang legislation but, at the same time, it has taken away one of the frontline abilities that law enforcement officers have in this country and that is by disbanding the ports police. This, by all intents and purposes, opens up many of Canada's ports for business in terms of illegal drug and gun trade. The port of Halifax was mentioned by the hon. member from the New Democratic Party.
I must say that people in the province of Nova Scotia are extremely concerned, particularly in and around metro Halifax, that these new organized crime organizations are going to be setting up shop. With these ports now falling under the jurisdiction of the RCMP or metro police in the coming months, it is going to be very difficult for them to combat crime in a substantive way when we already have a specialized force in the ports police who are charged solely with that task.
Again I would reiterate my earlier remarks. Laws are not the only answer. In fact, creating laws without accounting for adequate resources to properly implement and enforce these laws can be very dangerous. I would cross reference again the fact that there has been legislation introduced that is going to charge customs officers with more onerous tasks and a more proactive attempt to have them fight crime at the border. However, we do not yet know if adequate resources and training are going to be put in place as well to help them implement and enforce these new pieces of legislation.
Throughout the solicitor general's statement, we heard that the government has been creating partnerships between local, provincial, national and international law enforcement agencies. We have also heard about existing resources to fight crime. I am very much aware of the situation that is going on in New Brunswick presently between the Moncton municipal police and the RCMP who are imposing their particular services in place of the municipal police. This is a situation that I suggest the government has been very lax in addressing.
I support the government's efforts in bringing about various elements of our criminal justice system to fight organized crime. I do so wholeheartedly, but the government must not, however, use the co-operative partnerships as an excuse to withhold the necessary resources. That is not just my opinion. It is the opinion of many local police officers across the country.
The police chief in London, Ontario summed this up perfectly when he stated last month “Just because we now have a law, that does not realize anything unless we have the programs which mean resources for police and enhanced training. Laws for the sake of laws mean nothing. They are just more paper”.
Unfortunately, this is the impression that many law enforcement officers and I would suggest many Canadians have when we have legislation put through Parliament and the resources to see that it is enforced are not there to support it.
In conclusion, I thank the solicitor general for his statement. I would reinforce my comments with four main points. One, let us not forget the foundation upon which this present government is acting by developing policies and legislation with respect to organized crime. Let us work to build upon it.
Second, the solicitor general needs to commit to a straightforward, mandatory reporting requirement for financial transactions which will correspond with our biggest trading partner, the United States.
Third, the solicitor general needs to clarify the definition of a criminal organization to better establish the principle of intent so that prosecutions can be successful.
Fourth, the government should provide necessary programs and training through additional funds if necessary to help police and all law enforcement officers to properly implement and enforce this legislation.
I am hoping that we are not going to hear more self-congratulatory statements from the solicitor general. We must work toward concrete examples of crime reduction so that Canadians will be satisfied that this Parliament and our enforcement officers are doing their job.
I am very supportive of the government in its efforts, but let us not just give lip service to this serious matter. Let us see that the right thing happens and that we can actually report back in a year's time that these initiatives have been successful.