Back grounder
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ACTION ON ORGANIZED CRIME – PROPOSALS FOR FEDERAL REFORMS
Manitoba Attorney General Dave Chomiak proposed dramatic changes to the Criminal Code
last month at a meeting of federal, provincial and territorial justice ministers. The proposed
changes outline major steps to strengthen Canada’s criminal laws to more effectively address
the threat of organized crime. The recommendations comprise key portions of a broad review
compiled by Bruce MacFarlane, special counsel to the attorney general on organized crime,
and stem from consultations with more than 120 individuals in Canada and the United States,
all organized crime experts in the fields of policing, prosecutions and corrections.
The minister has had introductory discussions of the following proposals with Canada’s
provincial, federal and territorial justice ministers. Federal, provincial and territorial senior
officials have been instructed to review Manitoba’s recommendations and report back to justice
ministers.
Recommendations submitted by the minister include:
Attacking Gang Violence

Making gang murders an automatic first-degree murder charge where the accused was an
active gang member and where the murder was part of the gang’s activities.

Creating a new drive-by shooting offence with increased penalties including a minimum
term of imprisonment, where the shooter was an active participant in a criminal gang.

Modelled on the federal anti-terrorism provisions, listing established criminal organizations
in the Criminal Code, to make it clear that this need not be proven over and over again in
each prosecution across Canada.
Protecting Children and Youth

Establishing gang-free zones throughout Canada so that places where youths tend to go
such as schools, playgrounds and parks will be free of gang activity. Criminal penalties
should be increased where offences occur within a gang-free zone including mandatory jail
terms in certain situations.

Establishing a new offence of recruiting a person to become a member of a gang.
…2
-2Protecting Communities

Expanding the dangerous offender provisions of the Criminal Code to include hard-core
gang members.

Clarifying that judges can impose any reasonable condition necessary to protect the public
when granting recognizance orders under s. 810.01, s. 810.1 or s. 810.2 of the Criminal
Code.

Reviewing whether legally-authorized random searches of offenders on parole and
conditional sentences involving house detention are feasible in Canada.
Targeting Guns and Drugs

Toughening the bail provisions of the Criminal Code where a gun was used or possessed
during the commission of an offence.

Increasing the jail terms available for marijuana grow operations including mandatory
minimum sentences where the evidence demonstrates a significant commercial-level
operation.
Improving How Cases are Processed

Establishing a commission to develop model jury instructions that are mandatory in their
use and in their terminology for certain areas of the law.

Either amending the Criminal Code to expressly authorize electronic disclosure by the
Crown or having a complete review of disclosure provisions to determine if broad changes
are necessary.

Reviewing whether prior conviction evidence can be used in gang case prosecutions.

Reviewing whether routine police evidence can be presented by way of affidavit.