Finance committee  Your observation is fair. Of course, people who engage in professional money laundering are three, four or five degrees removed from the offence that generates the proceeds of crime. We know that. The addition of the recklessness test may help in some cases, even in the case of

Finance committee  If there were a solution, I'm fairly certain that we would have found it by now.

Finance committee  It's important to remember that common law applies in Canada. A number of FATF member countries have a civil law regime, where the approach to prosecutions is completely different.

Finance committee  When the FATF came to assess Canada's measures to fight money laundering and terrorist financing, we held several discussions on the distinction between the prosecution of a possession offence and a prosecution of a money laundering offence. The FATF is particularly interested

Finance committee  Thank you, Mr. Chairman. The proposal contained in the bill is a very simple one. We are proposing to amend the offence of money laundering with an additional mental element of recklessness. This would mean that this modified offence would have three potential mental elements as

Finance committee  In Australia, I think that the federal government uses the recklessness test when it prosecutes money laundering offences. However, I don't know to what extent convictions for this offence are based on the recklessness test or other tests such as knowledge or belief.

Finance committee  It should be noted that money laundering is a particularly difficult offence to prove. In particular, it must be demonstrated that the individual knew that the amounts they were dealing with were proceeds of crime. I think we could say that no country is very successful when it c

Finance committee  Thank you, Mr. Chair.

Finance committee  Unfortunately, not off the top of my head.

Finance committee  I can certainly ask around and check with my colleagues at the justice department, as well as those at the Department of Finance. The finance people have been grappling with the issue for some time now, so they've had an opportunity to look at it more closely. I could do a brief

Finance committee  Mr. Chair, I have one small piece of information. I want to make sure that you're looking for individuals who would be able to testify, in respect of the solicitor-client privilege in the context of the PCMLA. Is that correct?

Finance committee  I don't think I can say precisely when. We'll have to figure out what is possible in light of the Supreme Court's decision in the federation's case, and that isn't easy. If you read the decision, you'll know that it leaves very little leeway for requiring information from lawyer

Finance committee  Mr. Chairman, the allocation of resources by the RCMP is of course strictly the RCMP's concern. I believe it is correct that they have over the past few years focused more on national security and anti-terrorism initiatives or efforts and may have shifted some of their resources

Finance committee  Are we talking about prosecution agencies, or prosecution and law enforcement?

Finance committee  I'd like to add something, if I may. Prosecutions of money laundering offences are not exclusively under federal jurisdiction. Provinces have full authority to prosecute such offences, since they are Criminal Code offences. Primary responsibility for prosecution of these offence