FEDERAL ACTION AGAINST ORGANIZED CRIME

In recent years, the federal government has taken a number of key steps, in partnership with the provinces, territories and the police, against organized crime:

The Anti-Smuggling Initiative, introduced in 1994, provided resources for the RCMP, Justice and the Canada Customs and Revenue Agency to target smuggling and distribution networks at the border, in our ports, and across the country. This initiative was renewed in 1997, and has led to 17,000 smuggling-related charges in excess of $113 million, and $118 million in evaded taxes and duties has been identified. In June 1999, the federal government injected another $78 million over the next four years to combat smuggling.

The Witness Protection Program Act came into force in 1996. It established a formal, national program to protect those who risk their lives to assist police investigations.

In September 1996, Solicitor General Canada and Justice Canada organized a National Forum on Organized Crime, bringing the police, federal and provincial governments, the private sector, the legal community, and academics together. At that time, it was clear that Canada needed a more coordinated approach to fight organized crime, and participants recommended more national coordination in areas like money laundering, cross-border controls, and criminal intelligence and law enforcement.

Solicitor General Canada, in cooperation with the provinces and police forces, established five Regional Coordinating Committees and a National Coordinating Committee on Organized Crime in 1997. They provide a solid foundation for further cooperation and bring a multi-disciplinary approach to combating organized crime. The national committee, with regional representation, focuses on policy and legislative issues arising from enforcement-related concerns. These committees include members of various police forces as well as senior provincial and federal government officials.

Bill C-17, also enacted in 1997, introduced numerous and wide-ranging changes related to powers of search, as well as those related to interim judicial release or bail which are highly relevant to the investigation and prosecution of criminal organization offences.

Thirteen Integrated Proceeds of Crime (IPOC) units were established by 1997. They combine the resources and expertise of RCMP, local and provincial police officers, Canada Customs and Revenue Agency officers, Crown counsel and forensic accountants. These units target organized crime groups and seize their ill-gotten assets, over $140 million so far. To date, over $70 million in forfeitures and fines have been realized.

Bill C-95, enacted in 1997 in the wake of violent events associated with a turf war between two outlaw biker gangs in the province of Quebec, implemented a number of proposals identified by the 1996 Organized Crime Forumbut it did not create a "membership" offence. Instead, Bill C-95 introduced the concepts of "criminal organization", "criminal organization offence" and "participation in a criminal organization offence" and expanded investigative powers for the police (e.g., it facilitated the use of electronic surveillance by police) and enhanced the protection of the public by providing a reverse onus for persons charged with a criminal organization offence seeking bail and a new peace bond which may be issued against any person in respect of which there are reasonable grounds to fear that the person will commit a criminal organization offence. The cornerstone of that legislation makes participation in a criminal organization offence an indictable offence, punishable by up to 14 years in prison to be served consecutively.

Bill C-8, enacted in May 1997, created the Controlled Drugs and Substances Act. This legislation modernized Canada's drug laws and, together with the Police Enforcement Regulations adopted under the Act, provided exemptions for peace officers and persons acting under their direction for money laundering and possession of proceeds of crime offences and for the restraint and forfeiture of offence-related property. The CDSA created the ability to seize or restrain property that was used, or intended to be used, to commit designated substance offences, i.e., offence-related property. This new Act has permitted Canada to modernize its approach to drug control.

Canada and the U.S established a Cross-Border Crime Forum in 1997 to improve cooperation and information-sharing between our two countries. The Forum includes senior law enforcement and justice officials from both countries, including provincial and state representatives. Under the direction of the United States Attorney General and the Solicitor General of Canada, the forum examines issues such as the impact of cross-border crimes, telemarketing fraud, money laundering, missing and abducted children, high-tech crime and other emerging issues.

In October 1998, the federal government and all provinces and territories signed an historic agreement called the Joint Statement on Organized Crime. It underscores the commitment to work together in partnership to combat organized crime. The Statement calls for improved information sharing.

Bill C-51, enacted in 1999, made amendments to the Corrections and Conditional Release Act to ensure that people convicted of offences related to organized crime are no longer eligible for accelerated parole review.

Recent agreements between the RCMP and U.S. law enforcement agencies to provide reciprocal direct access to each other's criminal databases, such as the Canadian Police Information Centre (CPIC), a firearms identification database, and a unique automotive paint chip database.

Amendments to the federal Competition Act (Bill C-20) received Royal Assent in March 1999. The legislation created new offences related to deceptive telemarketing. A further amendment defined the new offences as enterprise crime, bringing them within the scope of the Criminal Code scheme for seizure and forfeiture of proceeds. The amendment recognizes the seriousness of telemarketing offences, which can generate very large proceeds because of the large numbers of victims who can be targeted.

In April 1999, $115 million was provided to the RCMP to modernize the Canadian Police Information Centre (CPIC), the computerized information system for Canadian law enforcement. CPIC will be replaced with a modern computer system for improved information-sharing with other law enforcement, provincial and federal databases. This translates into more crime prevented or solved and better co-ordination of action against organized crime.

Bill C-40, the new Extradition Act received Royal Assent and came into force in June 1999. The legislation simplifies Canada's extradition procedures, taking into account factors that are commonplace today such as enhanced communications technology and increased mobility of individuals. The new Act expands Canada's capacity to extradite and responds to the problem of borderless crimes such as organized crime, deceptive telemarketing and Internet fraud. The legislation also permits the use of video and audio-link technology for the purpose of providing testimony from witnesses located in Canada or abroad.

In June 1999 the Solicitor General announced approximately $15 million per year for the RCMP to fight organized crime at Canada's three largest international airports - Montreal, Toronto and Vancouver. The initiative added 100 RCMP members to exclusively target organized criminals who use these airports as points of entry into Canada.

Bill C-22, enacted in 2000, introduces tools to improve detection, prevention and deterrence of money laundering in Canada. It creates measures for reporting suspicious financial transactions and the cross-border movement of large amounts of currency. The legislation also creates the new Financial Transactions and Reports Analysis Centre of Canada to receive and manage reported information.

Canada is also working in the G-8, the United Nations and the Organization of American States to develop and promote international standards to combat transnational crime, and organized crime in particular. A global convention on transnational organized crime will be completed in the UN in the year 2000. Agreements to address people smuggling, trafficking in women and children, and firearms trafficking are also being developed. These new international instruments will provide all countries with a shared framework and legal tools to enhance international cooperation.

Bill C-31, introduced in 2000, the new Immigration and Refugee Protection Act would establish new offences and stiffer penalties for human traffickers and people smuggling.

The Government of Canada has provided the RCMP substantial budget increases totaling $584 million over the next three years to better fight organized crime and cross-border public safety threats, modernize its computer and radio systems, and maintain and improve its National Police Services, which provide technical services to the Canadian law enforcement community.

Because new technologies are eroding the ability of police to conduct investigations; $30 million was allocated in August, 2000 to develop ways for police to address technical impediments to the investigation of serious crime.

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September, 2000