C-349: An Act to amend the Criminal Code and to make consequential amendments to other acts (criminal organization)
There are a number of reasons why our Government opposes the proposed legislation:
Charter concerns: The listing process would likely contravene section 7 of the Charter (life, liberty and security of the person). By prohibiting people from wearing certain emblems, there is also a significant risk that the legislation would be inconsistent with section 2(b) (freedom of expression).
The proposed changes are unlikely to make organized crime easier to investigate or prosecute. This is because the type of evidence required to support successful organized crime prosecutions will also help to establish the existence of the criminal organization in any event.
The PMB would significantly undermine the current organized crime regime because it would have the effect of requiring all criminal organizations to be listed in order to rely on the organized crime provisions in the Criminal Code. In other words, criminals could not be convicted under the organized crime provisions unless they were already on the list – this would be an obstacle to successful prosecution.