Department of Justice

CRIMINAL CODE AMENDMENTS COME INTO FORCE ON MAY 2, 1997

OTTAWA, May 2, 1997 -- The Department of Justice of Canada and the Department of the Solicitor General of Canada today announced that Bill C-95, an Act to amend the Criminal Code (criminal organizations) and to amend other Acts in consequence (S.C. 1997, Chapter 23) comes into force today.

The bill, tabled on April 17, received Royal Assent last Friday. These amendments provide new measures for police and other law enforcement agencies to investigate and prosecute those who have participated in organized crime activity.

The amendments also create a new offence, that of "participation in a criminal organization". Without criminalizing mere membership in a criminal organization, the new offence, along with new definitions in the Criminal Code, lay the groundwork for the targeted use of the new investigative tools and Criminal Code provisions.

The new tools now available to police include a peace bond designed to targets gang leadership, new powers to seize the proceeds of organized crime and, with a judge's order to access income tax information related to gang activity, new offences and penalties regarding the use of explosives and new sentencing provisions.

Two other amendments to the Criminal Code are also coming into force on May 2, 1997. The two sections, which are part of Bill C-17, the Criminal Law Improvement Act, 1996 (S.C. 1997, Chapter 18), were amendments to the Bill that were adopted at Report Stage in the House of Commons.

The first one amends the Criminal Code to clarify that victim impact information must be considered by section 745.6 juries in all hearings as soon as the amendment comes into force (May 2, 1997). The second amendment, to s. 742.1(b) of the Criminal Code, requires judges, when considerering whether a conditional sentence would endanger the safety of the community, to take into account the statement of purposes and principles of sentencing in the Criminal Code.

Ref.:  Irène Arseneau          Blaine Harvey
       Department of Justice   Department of the Solicitor
       (613) 957-4207          General
                               (613) 990-2743

You may wish to consult the bills by the direct link to the Parliamentary Internet Site (Government Bills).