Bill C-53 - PROCEEDS OF CRIME - IS ADOPTED BY BOTH HOUSES OF PARLIAMENT

OTTAWA, November 25, 2005 – The Minister of Justice and Attorney General of Canada, Irwin Cotler, today announced that Bill C-53, which provides legislative reforms that target the illicit proceeds of organized crime, including serious drug offences, has passed Parliament and is awaiting Royal Assent.*

“The very nature of organized crime, as defined by the Criminal Code, is the engagement in criminal activity for the purpose of material benefit,” said Minister Cotler. “Bill C-53 will combat the problem of organized crime and its prime motivation of illicit accumulation of proceeds of crime with the goal of disrupting, deterring, and, ultimately, dismantling their criminal capabilities.”

Added Minister Cotler, “I want to express my appreciation for the support of this initiative - from the FPT Ministers of Justice who earlier this month stressed the value of these much-needed reforms, to the opposition parties for their support and involvement, and to the Senate for its contribution. It is a case study of how Parliament can work in the public interest.”

The key reforms provide that:

• once an offender has been convicted of either a criminal organization offence, or certain offences under the Controlled Drugs and Substances Act, the court shall order the forfeiture of property of the offender identified by the Crown unless the offender proves (reverse onus) on a balance of probabilities, that the property is not the proceeds of crime;

• in order for the reverse onus to apply, the Crown would first be required to prove, on a balance of probabilities, either that the offender engaged in a pattern of criminal activity for the purpose of receiving material benefit or that the legitimate income of the offender cannot reasonably account for all of the offender’s property.

The legislative reforms in the Proceeds of Crime Bill also clarify the Criminal Code and the Controlled Drugs and Substances Act, to ensure accord between the English and French versions of a provision; to more explicitly affirm the Attorney General of Canada’s authority to pursue proceeds of crime in certain circumstances; to more explicitly affirm the ability of the Crown to seek proceeds upon conviction of offences where the Crown has the option to proceed either on indictment or by way of summary conviction; and, to ensure the applicability of Controlled Drugs and Substances Act warrants to investigations of drug-related money laundering and the possession of property obtained by drug-related crime.

Bill C-53 comes into force on Assent.

For more information, please refer to the Key Highlights of the Proceeds of Crime Bill when it was first introduced on May 30, 2005.

* Proceeds of Crime Bill received Royal Assent on November 25, 2005.

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Ref.:

Marc Chalifoux
Press Secretary
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice Canada
(613) 957-4207