Government tackles organized crimes with new legislation

April 21, 2010

LEGISLATION WOULD CREATE LIST OF KEY CRIMINAL ORGANIZATIONS

Groundbreaking legislative proposals would make tackling organized crime more effective and efficient, Attorney General Andrew Swan said today after introducing the legislation.

Proposed amendments to the Manitoba Evidence Act would create a process for key criminal organizations to be listed in a schedule, eliminating the need to repeatedly prove they are criminal organizations in any proceeding under provincial law.

“We face the problem of having to essentially prove rocks are hard and water is wet over and over again,” said Swan. “These proposed changes would establish a single, fair and independent process to determine conclusively whether a group is in fact a criminal organization. Once a group is added to the list, there would no longer be a need to repeatedly prove that it is a criminal organization.”

This could be used in any proceeding under provincial law and would especially enhance Manitoba’s civil law measures dealing with organized crime, most notably to support applications to shut down prostitution and drug houses and to seize property that is the proceeds of crime, said Swan. The law would not apply to Criminal Code or drug prosecutions, as only the federal government can pass criminal laws and criminal evidentiary rules. Manitoba has previously requested the federal government pass this type of law for use in criminal cases.

The proposed legislation would be the first of its kind in Canada and follows through on a provincial throne speech commitment.

While the list would be conclusive proof that certain groups are criminal organizations, it would not be a registry of all gangs or gang members. Street gangs, outlaw motorcycle gangs and independent drug networks are examples of groups that might be considered for an application to be added to the schedule, said the minister.

Manitoba Justice would start the process in cases where there are reasonable grounds to believe a group is a criminal organization and it believes that placing the organization on the schedule would be beneficial. Notice of an application to add a group to the list would be publicized, giving members of the group an opportunity to review a summary of the case and to object in writing.

Under the legislation, in all cases, the minister would appoint an independent external review panel made up of at least three people who are not employees of the government or police officers to review all of the material to determine if the group meets the test of being a criminal organization.

Groups would only be added by cabinet to the schedule of criminal organizations through regulations under the Manitoba Evidence Act in cases where the panel and the minister agree the test has been met. The decision of cabinet would be final.

Provisions are in place to protect the identity of confidential informants and sensitive information. The new law would not remove the requirement to prove that a person is a member of a criminal organization.
“We remain committed to doing everything within our power to counteract the damaging effects of organized crime on our communities,” said Swan. “Manitoba is a national leader in civil law approaches to dealing with the threats posed by organized crime. The scheduling of criminal organizations is another important step to support our efforts to create a safer Manitoba.”