(满地可4日加新社电)联邦政府放宽反有组织犯罪法规下“严重罪行”的定义，从黄、赌、毒3方面打击有组织犯罪集团最能赚钱的活动。
联邦保守党政府扩大《刑事法》(Criminal Code)的严重罪行范围，加入非法赌博、经营妓院等罪行，堵塞有组织犯罪集团的赚钱途径。
自由党指摘政府，说它用严打罪行法规做政治皮球，旨在争取选民。
一些看似普通的罪行，犯罪所得的金钱用于资助有组织犯罪集团，违章者会受更严厉制裁。新措施授予警方更大权力，采取监听和其他调查手段，并会延长刑期，取缔有关有组织犯罪集团的罪行。
司法部长倪可森(Rob Nicholson)周三在新闻发布会上宣布新措施，表示新规则针对目前不算严重罪行的一些行为，比如投注赌钱、经营妓院。
倪可森说：“执法机构和省当局都告诉我，应将这些罪行包括在内……如果有人牵涉任何一项非法行为，如果非法行为与有组织罪行有关，就要按严重罪行条款处理。”
这些新措施由联邦内阁行政决策确立，不需要国会投票。
新法规适用11项控罪
新规则适用于11项控罪，包括经营牟利赌博场所；赌博、下注和收赌注；与博彩和赌博有关的罪行；在博彩或管理赌金时欺诈；经营色情场所；在《管制毒品及药物法》(Controlled Drugs and Substances Act)下，与走私活动有关的各项罪行；进出口或生产某些管制药物。
在新法规下，检察官有新的权力，可阻止保释、没收犯罪所得、拒绝假释、争取更严厉的刑罚。新法规针对的犯罪团体数以百计，加拿大刑事情报局(Criminal Intelligence Service Canada)估计，去年全国有多达750个有组织犯罪团体。
联邦自由党对新规则表现出有限度支持，但指摘政府用反罪行法规做政治皮球。它说，政府无视专家的防罪行建议，只会抛出反罪行法规，透过延长刑期的方式争取选民。
自由党国会议员霍兰(Mark Holland)说：“政府的整套解决方案，就是把犯人关起来，我们知道的所有有效、省钱、救命的措施，他们一概不理。”
Targeting Organized Crime
GOVERNMENT OF CANADA ENACTS NEW REGULATIONS TO HELP FIGHT ORGANIZED CRIME
MONTREAL, August 4th, 2010 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, accompanied by Senator Pierre-Hugues Boisvenu, today announced the enactment of new regulations to strengthen the ability of law enforcement to fight organized crime.
“The fact that an offence is committed by a criminal organization makes it a serious crime,” stated Minister Nicholson. “These regulations will help ensure that police and prosecutors can make full use of the tools in the Criminal Code that are specifically targeted at tackling organized crime.”
Currently some of the criminal acts perpetrated by organized crime groups do not meet the definition of “serious offence” under subsection 467.1(1) of the Criminal Code because they are not indictable offences punishable by sentences of five years or more. This means that in certain cases police and prosecutors cannot use the specific, powerful, and appropriate Criminal Code offences that prohibit organized crime activity or the many special procedures available in organized crime investigations and prosecutions in areas such as peace bonds, bail, wiretaps, proceeds of crime and parole eligibility.
These new regulations will help address this problem by identifying as serious offences such organized crime signature activities as illegal gambling and specific prostitution and drug-related crimes. Police and prosecutors will thus be better able to respond to organized crime and ensure that penalties are proportionate to the increased threat to public safety that organized crime activities present. Offenders convicted of the specific organized crime offences must serve their sentences consecutively to any other punishment imposed.
“This is another step in our Government’s efforts to disrupt criminal enterprises,” said Senator Boisvenu. “We stand firm in our commitment to protect Canadians, stand up for victims and fight organized crime in this country, whatever form it may take.”
The Government has taken definitive legislative action to fight organized crime including:
-making all murders committed in connection with organized crime first-degree murders;
-creating a new offence to target drive-by and other reckless shootings;
-strengthening the gang peace bond provisions;
-creating new offences to target identity theft;
-toughening bail provisions and penalties for crimes that are committed with guns and are linked to organized crime;
-eliminating the availability of conditional sentences for persons convicted of certain criminal organization offences;
-proposing mandatory penalties for organized drug crimes; and,
-proposing new offences to target auto theft and the trafficking of property obtained by crime.
Backgrounder: New Regulations to Help Fight Organized Crime
Organized crime employs violence and intimidation to achieve its criminal objectives, posing a serious threat to Canadian communities. Moreover, there is always an enhanced threat to the public when a group of people come together to commit serious crimes, regardless of the nature of the crimes being committed. Criminal Intelligence Service Canada estimates that 750 organized crime groups operate across Canada (CISC, 2009).
The Criminal Code (subsection 467.1(1)) defines “criminal organization” to mean a group, however organized, that:
(a) is composed of three or more persons in or outside Canada; and
(b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.
Organized crime is involved in numerous criminal enterprises including all aspects of the drug trade (production, importation, exportation and selling), prostitution and illegal gambling activity, auto theft, identity theft, financial crime such as securities and mass marketing fraud, environmental crime and the illicit movement of firearms, tobacco, and people.
Currently, some of the criminal acts committed by organized crime groups do not meet the definition of serious offence under subsection 467.1(1) of the Criminal Code because they are not punishable by sentences of five years or more. As such, investigators and prosecutors are precluded from using the various provisions available in the Criminal Code that target organized crime, including the specific offences that prohibit organized crime activity or the many special procedures available in organized crime investigations and prosecutions in areas such as peace bonds, wiretaps, the granting of bail, seizing proceeds of crime, parole eligibility and stiffer sentencing considerations.
The New Regulations
Over the years, there have been numerous calls for the development of a serious offence regulation in order to capture certain signature activities for organized crime such as prostitution, illegal gambling and drug-related offences. In 2007, all Federal/Provincial/Territorial ministers responsible for justice endorsed the development of a serious offence regulation to capture these activities.
The Governor in Council (the Governor General, acting on the advice of the federal cabinet) has the power, granted in subsection 467.1(4) of the Criminal Code, to make regulations that capture the full range of criminal activity engaged in by organized crime and thereby expand the availability of Canada’s existing criminal organization provisions.
The new regulations targeting organized crime that will soon be enacted make eleven criminal offences “serious offences” for the purposes of the organized crime provisions of the Criminal Code include:
·keeping a common gaming or betting house;
·betting, pool-selling and book-making;
·committing offences in relation to lotteries and games of chance;
·cheating while playing a game or in holding the stakes for a game or in betting;
·keeping a common bawdy-house; and,
·various offences in the Controlled Drugs and Substances Act relating to the trafficking, importing, exporting or production of certain scheduled drugs.
Expanding the definition of “serious offence” will now allow police and prosecutors to take full advantage of the specific Criminal Code offences dealing with organized crime and respond in a manner that is proportionate to the increased threat to public safety that occurs when organized crime engages in criminal acts. Individuals convicted of any of the specific organized crime offences are required to serve their sentences consecutively to any other punishment imposed.
Department of Justice Canada
August 2010
