Backgrounder: New measures to combat gangs and other forms of organized crime

The Government has introduced new legislation that would provide the justice system with new tools to fight street gangs and other forms of organized crime. The new Act to Amend the Criminal Code (organized crime and protection of justice system participants) introduces amendments to target gang violence and other serious crime. It will provide law enforcement officials and the justice system with better means to address organized crime-related activities, in particular gang murders and drive-by shootings. 

New Provisions Related to Gang Murders, Drive-By Shootings, Peace Officer Assault and Gang Peace Bonds

Organized crime presents a serious threat to Canadian communities, as it is linked to a wide range of criminal activity, including murder, drug trafficking, auto theft, the illicit movement of firearms, human beings and vehicles, and identity theft. The number of gang-related homicides has been increasing, and now accounts for 20% of all homicides in Canada.

It is estimated that 900 organized crime groups operate in Canada, in both rural and urban areas. Characteristically, organized crime resorts to violence and intimidation to achieve its criminal objectives, putting the safety and security of Canadian communities and their residents at risk.

The organized crime Bill would strengthen the Criminal Code in the following ways:

• Specifying that murder is automatically first-degree when it is committed in connection with a criminal organization.  First-degree murder is subject to a mandatory sentence of life imprisonment without eligibility for parole for 25 years.
• Creating a new broad-based offence to target drive-by and other intentional shootings involving reckless disregard for the life or safety of others. This offence would include a mandatory minimum sentence of four years in prison with a maximum period of imprisonment of 14 years. The minimum sentence would increase to five years if the offence was committed for the benefit of, at the direction of, or in association with a criminal organization or with a restricted or prohibited firearm such as a handgun or automatic weapon.
• Creating two new offences of assault against a peace officer that causes bodily harm and aggravated assault against a peace officer. These new offences would be punishable by a maximum of 10 and 14 years imprisonment respectively.
• Clarifying that when courts impose sentences for certain offences against justice system participants, including peace officers, they must give primary consideration to the objectives of denunciation and deterrence.
• Strengthening and lengthening “gang peace bonds” (preventive court orders requiring an individual to agree to specific conditions to govern their behaviour). The peace bond could be issued for up to 24 months (as opposed to the usual 12 months) against a defendant who has been previously convicted of intimidating justice system participants, or of committing an organized crime or terrorist offence. This reform to the Criminal Code would make it clear that a judge has broad discretion to impose any reasonable condition necessary to protect the public in that particular case.

For an online version of the legislation, visit www.parl.gc.ca.

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February 2009