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)
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Assented to 2001-12-18
R.S., c. C-46CRIMINAL CODE
4. The definition “offence” in section 183 of the Act is replaced by the following:
“offence”
« infraction »
“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(a) any of the following provisions of this Act, namely,
(i) section 47 (high treason),
(ii) section 51 (intimidating Parliament or a legislature),
(iii) section 52 (sabotage),
(iv) section 57 (forgery, etc.),
(v) section 61 (sedition),
(vi) section 76 (hijacking),
(vii) section 77 (endangering safety of aircraft or airport),
(viii) section 78 (offensive weapons, etc., on aircraft),
(ix) section 78.1 (offences against maritime navigation or fixed platforms),
(x) section 80 (breach of duty),
(xi) section 81 (using explosives),
(xii) section 82 (possessing explosives),
(xiii) section 96 (possession of weapon obtained by commission of offence),
(xiv) section 99 (weapons trafficking),
(xv) section 100 (possession for purpose of weapons trafficking),
(xvi) section 102 (making automatic firearm),
(xvii) section 103 (importing or exporting knowing it is unauthorized),
(xviii) section 104 (unauthorized importing or exporting),
(xix) section 119 (bribery, etc.),
(xx) section 120 (bribery, etc.),
(xxi) section 121 (fraud on government),
(xxii) section 122 (breach of trust),
(xxiii) section 123 (municipal corruption),
(xxiv) section 132 (perjury),
(xxv) section 139 (obstructing justice),
(xxvi) section 144 (prison breach),
(xxvii) subsection 145(1) (escape, etc.),
(xxviii) paragraph 163(1)(a) (obscene materials),
(xxix) section 163.1 (child pornography),
(xxx) section 184 (unlawful interception),
(xxxi) section 191 (possession of intercepting device),
(xxxii) subsection 201(1) (keeping gaming or betting house),
(xxxiii) paragraph 202(1)(e) (pool-selling, etc.),
(xxxiv) subsection 210(1) (keeping common bawdy house),
(xxxv) subsection 212(1) (procuring),
(xxxvi) subsection 212(2) (procuring),
(xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),
(xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),
(xxxix) section 235 (murder),
(xl) section 264.1 (uttering threats),
(xli) section 267 (assault with a weapon or causing bodily harm),
(xlii) section 268 (aggravated assault),
(xliii) section 269 (unlawfully causing bodily harm),
(xliv) section 271 (sexual assault),
(xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xlvi) section 273 (aggravated sexual assault),
(xlvii) section 279 (kidnapping),
(xlviii) section 279.1 (hostage taking),
(xlix) section 280 (abduction of person under sixteen),
(l) section 281 (abduction of person under fourteen),
(li) section 282 (abduction in contravention of custody order),
(lii) section 283 (abduction),
(liii) section 318 (advocating genocide),
(liv) section 327 (possession of device to obtain telecommunication facility or service),
(lv) section 334 (theft),
(lvi) section 342 (theft, forgery, etc., of credit card),
(lvii) section 342.1 (unauthorized use of computer),
(lviii) section 342.2 (possession of device to obtain computer service),
(lix) section 344 (robbery),
(lx) section 346 (extortion),
(lxi) section 347 (criminal interest rate),
(lxii) section 348 (breaking and entering),
(lxiii) section 354 (possession of property obtained by crime),
(lxiv) section 356 (theft from mail),
(lxv) section 367 (forgery),
(lxvi) section 368 (uttering forged document),
(lxvii) section 372 (false messages),
(lxviii) section 380 (fraud),
(lxix) section 381 (using mails to defraud),
(lxx) section 382 (fraudulent manipulation of stock exchange transactions),
(lxxi) section 423.1 (intimidation of justice system participant or journalist),
(lxxii) section 424 (threat to commit offences against internationally protected person),
(lxxiii) section 426 (secret commissions),
(lxxiv) section 430 (mischief),
(lxxv) section 431 (attack on premises, residence or transport of internationally protected person),
(lxxvi) section 433 (arson),
(lxxvii) section 434 (arson),
(lxxviii) section 434.1 (arson),
(lxxix) section 435 (arson for fraudulent purpose),
(lxxx) section 449 (making counterfeit money),
(lxxxi) section 450 (possession, etc., of counterfeit money),
(lxxxii) section 452 (uttering, etc., counterfeit money),
(lxxxiii) section 462.31 (laundering proceeds of crime),
(lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),
(lxxxv) section 467.11 (participation in criminal organization),
(lxxxvi) section 467.12 (commission of offence for criminal organization), or
(lxxxvii) section 467.13 (instructing commission of offence for criminal organization),
(b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,
(c) any of the following provisions of the Competition Act, namely,
(i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,
(ii) section 47 (bid-rigging), or
(iii) subsection 52.1(3) (deceptive telemarketing),
(d) any of the following provisions of the Controlled Drugs and Substances Act, namely,
(i) section 5 (trafficking),
(ii) section 6 (importing and exporting), or
(iii) section 7 (production),
(e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,
(e.1) the Crimes Against Humanity and War Crimes Act,
(f) any of the following provisions of the Customs Act, namely,
(i) section 153 (false statements), or
(ii) section 159 (smuggling),
(g) any of the following provisions of the Excise Act, namely,
(i) section 158 (unlawful distillation of spirits),
(ii) section 163 (unlawful selling of spirits),
(iii) subsection 233(1) (unlawful packaging or stamping), or
(iv) subsection 240(1) (unlawful possession or sale of manufactured tobacco or cigars),
(h) any of the following provisions of the Export and Import Permits Act, namely,
(i) section 13 (export or attempt to export),
(ii) section 14 (import or attempt to import),
(iii) section 15 (diversion, etc.),
(iv) section 16 (no transfer of permits),
(v) section 17 (false information), or
(vi) section 18 (aiding and abetting),
(i) any of the following provisions of the Immigration Act, namely,
(i) section 94.1 (organizing entry into Canada),
(ii) section 94.2 (organizing entry into Canada),
(iii) section 94.4 (disembarking persons at sea), or
(iv) section 94.5 (counselling false statements), or
(j) section 3 (spying) of the Official Secrets Act,
and includes any other offence that there are reasonable grounds to believe is a criminal organization offence;
Marginal note:1997, c. 23, s. 4
5. Subsection 185(1.1) of the Act is replaced by the following:
Marginal note:Exception for criminal organization
(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to
(a) an offence under section 467.11, 467.12 or 467.13; or
(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
Marginal note:1997, c. 23, s. 5
6. Subsection 186(1.1) of the Act is replaced by the following:
Marginal note:Exception for criminal organization
(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to
(a) an offence under section 467.11, 467.12 or 467.13; or
(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
Marginal note:1997, c. 23, s. 6
7. Section 186.1 of the Act is replaced by the following:
Marginal note:Time limitation in relation to criminal organizations
186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to
(a) an offence under section 467.11, 467.12 or 467.13; or
(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
Marginal note:1997, c. 23, s. 7
8. Subsection 196(5) of the Act is replaced by the following:
Marginal note:Exception for criminal organization
(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to
(a) an offence under section 467.11, 467.12 or 467.13, or
(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization,
and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
Marginal note:1997, c. 23, s. 8
9. (1) Subsection 231(6.1) of the French version of the Act is replaced by the following:
Marginal note:Usage d’explosifs par une organisation criminelle
(6.1) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque la mort est causée au cours de la perpétration ou de la tentative de perpétration d’une infraction prévue à l’article 81 au profit ou sous la direction d’une organisation criminelle, ou en association avec elle.
(2) Section 231 of the Act is amended by adding the following after subsection (6.1):
Marginal note:Intimidation
(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.
Marginal note:2000, c. 12, par. 95(b)
10. Subsection 423(1) of the Act is replaced by the following:
Marginal note:Intimidation
423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.
11. The Act is amended by adding the following after section 423:
Marginal note:Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
(a) a group of persons or the general public in order to impede the administration of criminal justice;
(b) a justice system participant in order to impede him or her in the performance of his or her duties; or
(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
Marginal note:Prohibited conduct
(2) The conduct referred to in subsection (1) consists of
(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
Marginal note:Punishment
(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.
12. (1) Section 462.3 of the Act is renumbered as subsection 462.3(1).
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1993, c. 46, s. 5; 1994, c. 44, s. 29; 1995, c. 39, s. 151; 1997, c. 18, s. 27, c. 23, s. 9; 1998, c. 34, s. 9(1); 1999, c. 5, ss. 13, 52
(2) The definition “enterprise crime offence” in subsection 462.3(1) of the Act is repealed.
Marginal note:1996, c. 19, s. 68(2)
(3) The definition “designated substance offence” in subsection 462.3(1) of the English version of the Act is repealed.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1993, c. 37, par. 32(b); 1996, c. 19, par. 70(b)
(4) The definition “proceeds of crime” in subsection 462.3(1) of the Act is replaced by the following:
“proceeds of crime”
« produits de la criminalité »
“proceeds of crime” means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of
(a) the commission in Canada of a designated offence, or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
Marginal note:1996, c. 19, s. 68(2)
(5) The definition “infraction désignée” in subsection 462.3(1) of the French version of the Act is replaced by the following:
« infraction désignée »
“designated offence”
« infraction désignée »
a) Soit tout acte criminel prévu à la présente loi ou une autre loi fédérale, à l’exception des actes criminels désignés par règlement;
b) soit le complot ou la tentative en vue de commettre un tel acte ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.
(6) Subsection 462.3(1) of the English version of the Act is amended by adding the following in alphabetical order:
“designated offence”
« infraction désignée »
“designated offence” means
(a) an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, 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);
(7) Section 462.3 of the Act is amended by adding the following after subsection (1):
Marginal note:Regulations
(2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition “designated offence” in subsection (1).
Marginal note:Powers of Attorney General of Canada
(3) Notwithstanding the definition “Attorney General” in section 2, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.
Marginal note:Powers of Attorney General of a province
(4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.
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