Post by jamestaggert on Dec 23, 2005 13:37:43 GMT -5
Section 1: Short Title.
The Act shall be known as the "Criminal Participation" or "Gangsterism" Act of 2009.
Section 2: The aim of the bill is to criminalize the very act of participating within a recognized criminal organization or committing indictable offences for the interest of such a group. The act shall introduce a mandatory minimum sentence for individuals who have committed indictable offence(s) for the benefit or interests of a criminal organization.
With this aim in mind, the bill will institute the creation of a new criminal offence, hereby known as the "Participation in a Criminal Organization" Offence or "Gangsterism" Offence.
A person would be guilty of this new indictable offence if he or she participates in or substantially contributes to the activities of a criminal organization, knowing that any or all of the members of the organization engage in or have engaged in a series of indictable offences within the proceeding five years and if that person is a party to the commission of an indictable offence for the benefit of, at the direction of, or in association with the criminal organization.
This new offence is punishable up to a minimum mandatory sentence of 3 years in prison.
The charge and subsequent mandatory additional sentence would only be applied to serious or indictable offences where jail time of 5 years or more in merited.
This new offence would not be a "membership" offence, which could be considered too vague or general a term and challenged under the constitution as blocking freedom of association.
Instead, this act creates an offence for gang, organized crime members or close associates of such groups (lawyers, accountants, bankers etc) who knowingly and willingly commit crimes for the benefit of a criminal organization. Thus, people are only subject to the penalties of this new offence if they actually commit an indictable offence. And not only for associating with known criminals.
For instance, i.e: (1) someone who assaults or threatens a person with death or serious harm under orders from others in the same organization or with the aim of ensuring the organization's interests are protected (threatening a rival drug dealer in order to defend a gang's own territory, etc).
(2) A banker who knowingly and willingly launders money for a criminal enterprise.
In the case of the person charged with assault of threats of death or serious bodily harm, if convicted and found to have done the act for the benefit of or for the criminal group and not for solely personal or other non-related reasons, that person would incur an additional charge of "Participation in a Criminal Organization" which would automatically add 3 years to the original sentence.
In the case of the banker convicted of money laundering, the charge of "Participation in a Criminal Organization" would be added to the original indictment of money laundering and the person would incur another 3 years added to the original sentence for the conviction of money laundering.
Defendants indicted with "Participation in a Criminal Organization" charge would lose bail provisions. Meaning, that a person charged with the new offence would have their option of pre-trial bail automatically revoked if the prosecution can sufficiently demonstrate that the person associates or is involved with a criminal enterprise.
Upon conviction of the charge of "Participation in a Criminal Organization", a peace bond will fall upon the person. A judge could decide, that if there are reasonable grounds to fear that the person will commit another criminal organization offence, to impose an order to keep the peace on a member of a criminal organization. The judge could place strict conditions on the order, including prohibiting the person from associating with other gang members or known figures of organized crime.
If the peace bond and court order is breached, the person would be committing an offence and could be sent to jail. This proposal would hit gangs and criminal organizations where it hurts the most, by making it difficult for the leaders and their members to meet, communicate, associate openly, plan and conduct their criminal activities.
Section 3: Definitions.
"criminal organization" means any group, association or other body consisting of three or more persons, whether formally or informally organized, having as one of its primary activities the commission of an indictable offence under the Criminal Code for which the maximum punishment is imprisonment for five years or more and any or all of the members of which engage in or have, within the preceding five years, engaged in the commission of a series of such offences;
"criminal organization offence" includes the offence of participation in a criminal organization or an indictable offence under the Criminal Code committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more.
"Associate" While not technically a member, an associate would be someone who is closely aligned to the criminal organization. Usually a white collar individual such as a banker, investor or accountant who knowingly facilitates a criminal organization's access to the legitimate world (through money laundering and other such activities) or even government officials who have aided a criminal organization (police officers, judges, prison guards, if they knowingly break the law in the interest of the criminal organization.)
For all intentions and purposes, there is no distinction between a member and an associate of a criminal organization. An associate also receives the mandatory 3 year sentence and is subject to the special legal considerations that come with a charge of "Gangsterism" or "Participation in a criminal organization."
The Act shall be known as the "Criminal Participation" or "Gangsterism" Act of 2009.
Section 2: The aim of the bill is to criminalize the very act of participating within a recognized criminal organization or committing indictable offences for the interest of such a group. The act shall introduce a mandatory minimum sentence for individuals who have committed indictable offence(s) for the benefit or interests of a criminal organization.
With this aim in mind, the bill will institute the creation of a new criminal offence, hereby known as the "Participation in a Criminal Organization" Offence or "Gangsterism" Offence.
A person would be guilty of this new indictable offence if he or she participates in or substantially contributes to the activities of a criminal organization, knowing that any or all of the members of the organization engage in or have engaged in a series of indictable offences within the proceeding five years and if that person is a party to the commission of an indictable offence for the benefit of, at the direction of, or in association with the criminal organization.
This new offence is punishable up to a minimum mandatory sentence of 3 years in prison.
The charge and subsequent mandatory additional sentence would only be applied to serious or indictable offences where jail time of 5 years or more in merited.
This new offence would not be a "membership" offence, which could be considered too vague or general a term and challenged under the constitution as blocking freedom of association.
Instead, this act creates an offence for gang, organized crime members or close associates of such groups (lawyers, accountants, bankers etc) who knowingly and willingly commit crimes for the benefit of a criminal organization. Thus, people are only subject to the penalties of this new offence if they actually commit an indictable offence. And not only for associating with known criminals.
For instance, i.e: (1) someone who assaults or threatens a person with death or serious harm under orders from others in the same organization or with the aim of ensuring the organization's interests are protected (threatening a rival drug dealer in order to defend a gang's own territory, etc).
(2) A banker who knowingly and willingly launders money for a criminal enterprise.
In the case of the person charged with assault of threats of death or serious bodily harm, if convicted and found to have done the act for the benefit of or for the criminal group and not for solely personal or other non-related reasons, that person would incur an additional charge of "Participation in a Criminal Organization" which would automatically add 3 years to the original sentence.
In the case of the banker convicted of money laundering, the charge of "Participation in a Criminal Organization" would be added to the original indictment of money laundering and the person would incur another 3 years added to the original sentence for the conviction of money laundering.
Defendants indicted with "Participation in a Criminal Organization" charge would lose bail provisions. Meaning, that a person charged with the new offence would have their option of pre-trial bail automatically revoked if the prosecution can sufficiently demonstrate that the person associates or is involved with a criminal enterprise.
Upon conviction of the charge of "Participation in a Criminal Organization", a peace bond will fall upon the person. A judge could decide, that if there are reasonable grounds to fear that the person will commit another criminal organization offence, to impose an order to keep the peace on a member of a criminal organization. The judge could place strict conditions on the order, including prohibiting the person from associating with other gang members or known figures of organized crime.
If the peace bond and court order is breached, the person would be committing an offence and could be sent to jail. This proposal would hit gangs and criminal organizations where it hurts the most, by making it difficult for the leaders and their members to meet, communicate, associate openly, plan and conduct their criminal activities.
Section 3: Definitions.
"criminal organization" means any group, association or other body consisting of three or more persons, whether formally or informally organized, having as one of its primary activities the commission of an indictable offence under the Criminal Code for which the maximum punishment is imprisonment for five years or more and any or all of the members of which engage in or have, within the preceding five years, engaged in the commission of a series of such offences;
"criminal organization offence" includes the offence of participation in a criminal organization or an indictable offence under the Criminal Code committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more.
"Associate" While not technically a member, an associate would be someone who is closely aligned to the criminal organization. Usually a white collar individual such as a banker, investor or accountant who knowingly facilitates a criminal organization's access to the legitimate world (through money laundering and other such activities) or even government officials who have aided a criminal organization (police officers, judges, prison guards, if they knowingly break the law in the interest of the criminal organization.)
For all intentions and purposes, there is no distinction between a member and an associate of a criminal organization. An associate also receives the mandatory 3 year sentence and is subject to the special legal considerations that come with a charge of "Gangsterism" or "Participation in a criminal organization."
