An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
Full Document:
Assented to 2001-12-18
R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act
65. The Mutual Legal Assistance in Criminal Matters Act is amended by adding the following after section 9.2:
Foreign Orders for Restraint, Seizure and Forfeiture of Property in Canada
Marginal note:Orders for restraint or seizure
9.3 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order for the restraint or seizure of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.
Marginal note:Filing of order
(2) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.
Marginal note:Conditions
(3) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that
(a) the person has been charged with an offence within the jurisdiction of the state or entity; and
(b) the offence would be an indictable offence if it were committed in Canada.
Marginal note:Effect of registered order
(4) On being filed,
(a) an order for the seizure of proceeds of crime may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code;
(b) an order for the restraint of proceeds of crime may be enforced as if it were an order made under subsection 462.33(3) of the Criminal Code;
(c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code or subsection 11(1) of the Controlled Drugs and Substances Act, as the case may be; and
(d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code or subsection 14(3) of the Controlled Drugs and Substances Act, as the case may be.
Marginal note:Filing of amendments
(5) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.
Marginal note:Orders of forfeiture
9.4 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order of forfeiture of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.
Marginal note:Grounds for refusal of request
(2) The Minister shall refuse the request if he or she
(a) has reasonable grounds to believe that the request has been made for the purpose of punishing a person by reason of their race, sex, sexual orientation, religion, nationality, ethnic origin, language, colour, age, mental or physical disability or political opinion;
(b) is of the opinion that enforcement of the order would prejudice an ongoing proceeding or investigation;
(c) is of the opinion that enforcement of the order would impose an excessive burden on the resources of federal, provincial or territorial authorities;
(d) is of the opinion that enforcement of the order might prejudice Canada’s security, national interest or sovereignty; or
(e) is of the opinion that refusal of the request is in the public interest.
Marginal note:Filing of order
(3) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which all or part of the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.
Marginal note:Deemed filing
(4) An order that is filed under subsection (3) by an attorney general of a province is deemed to be filed by the Attorney General of Canada.
Marginal note:Conditions
(5) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that
(a) the person has been convicted of an offence within the jurisdiction of the state or entity;
(b) the offence would be an indictable offence if it were committed in Canada; and
(c) the conviction and the order are not subject to further appeal.
Marginal note:Effect of registered order
(6) From the date it is filed under subsection (3), subject to subsection (4),
(a) an order of forfeiture of proceeds of crime has the same effect as if it were an order under subsection 462.37(1) or 462.38(2) of the Criminal Code; and
(b) an order for the forfeiture of offence-related property has the same effect as if it were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, as the case may be.
Marginal note:Filing of amendments
(7) When an order is filed under subsection (3), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.
Marginal note:Notice
(8) When an order has been filed under subsection (3),
(a) an order of forfeiture of proceeds of crime shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to any person who, in the opinion of the court, appears to have a valid interest in the property; and
(b) an order of forfeiture of offence-related property shall not be executed before
(i) notice in accordance with subsection 490.41(2) of the Criminal Code or section 19.1(2) of the Controlled Drugs and Substances Act has been given to any person who resides in a dwelling-house that is offence-related property and who is a member of the immediate family of the person charged with or convicted of the offence in relation to which property would be forfeited, and
(ii) notice in accordance with subsection 490.4(2) of the Criminal Code or subsection 19(2) of the Controlled Drugs and Substances Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property.
Marginal note:Application of Criminal Code
(9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code and subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property.
Marginal note:Presumption
(10) A person who is convicted of an offence in relation to which an order of forfeiture is issued by a court of criminal jurisdiction of a state or entity is deemed to be a person referred to in paragraph 462.41(3)(a) or 462.42(1)(a) of the Criminal Code.
Marginal note:Seized Property Management Act applies
(11) The provisions of the Seized Property Management Act apply in respect of all property forfeited under this section.
66. (1) Subsection 18(2) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) order a person named in it to answer any question and to produce any record or thing to the person designated under paragraph (c) in accordance with the laws of evidence and procedure in the state or entity that presented the request.
(2) Subsection 18(3) of the Act is replaced by the following:
Marginal note:Designation of judge
(3) For greater certainty, under paragraph (2)(c), a judge who makes an order under subsection (1) may designate himself or herself — either alone or with another person, including another judge — or may designate another person, including another judge.
Marginal note:2000, c. 24, s. 63(2)
(3) Subsection 18(7) of the Act is replaced by the following:
Marginal note:Refusal to comply
(7) A person named in an order made under subsection (1) may refuse to answer any question or to produce a record or thing to the person designated under paragraph (2)(c) if
(a) answering the question or producing the record or thing would disclose information that is protected by the Canadian law of non-disclosure of information or privilege;
(b) requiring the person to answer the question or to produce the record or thing would constitute a breach of a privilege recognized by a law in force in the state or entity that presented the request; or
(c) answering the question or producing the record or thing would constitute the commission by the person of an offence against a law in force in the state or entity that presented the request.
R.S., c. N-5National Defence Act
Marginal note:1998, c. 35, s. 1(4)
67. (1) The definitions “acte de gangstérisme” and “gang” in subsection 2(1) of the French version of the National Defence Act are repealed.
Marginal note:1998, c. 35, s. 1(4)
(2) The definitions “criminal organization” and “criminal organization offence” in subsection 2(1) of the English version of the Act are replaced by the following:
“criminal organization”
« organisation criminelle »
“criminal organization” has the same meaning as in subsection 467.1(1) of the Criminal Code;
“criminal organization offence”
« infraction d’organisation criminelle »
“criminal organization offence” means
(a) an offence under section 467.11, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or
(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“serious offence”
« infraction grave »
“serious offence” means an offence under this Act or an indictable offence under any other Act of Parliament, for which the maximum punishment is imprisonment for five years or more, or an offence that is prescribed by regulation under subsection 467.1(4) of the Criminal Code;
(4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
« infraction d’organisation criminelle »
“criminal organization offence”
« infraction d’organisation criminelle »
a) infraction d’organisation criminelleSoit une infraction prévue aux articles 467.11, 467.12 ou 467.13 du Code criminel ou une infraction grave commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;
b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.
« organisation criminelle »
“criminal organization”
organisation criminelle S’entend au sens du paragraphe 467.1(1) du Code criminel.
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