LLCU 213 Week Two. Exam Questions With
Correct Answers
How was the term "organized crime" used in the 1840s? - answerDescribe the revolutionary
Fervour and describe organized crime in Europe
To define the Camorra of Naples
What did George Webb Appleton write about the Revolutionary Fervour in ...
Bill C-95 - answer✔The federal government introduced the anti-gang legislation in 1997 on the
even of a national election to respond to a plea by the Quebec Attorney General for measures to
address the biker war between the Rock Machine and the Hells Angels
The murder of an 11 year-old boy (1995) triggered the introduction of this legislation
The attempted murder of a crime reporter (2000) forced the amendment
Bill C-22 - answer✔Also in 1997, Bill C-22 created an agency to combat money laundering
Bill C-22, which was renamed the Proceeds of Crime (money laundering) and Terrorist
Financing Ac (PCMLTA) establishing FINTRAC
the new offence created by C-95 - answer✔participation in a criminal organization. Criminal
organization meant any group association or other body consisting of five or more persons,
whether formally or informally organized and meet two requirements: (1) Have as one of its
primary activities the commission of an indictable offence under this or any other Act of
Parliament for which the maximum punishment is imprisonment for 5 years or more (2) 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
(5-5-5 legislation)
Bill c-24 - answer✔In 2001, the definition of criminal organization was amended in Bill C-24.
according to the government at the time, the definition was "too complex and too narrow in
scope" the existing definition was amended in three ways by: Reducing the number of people
required to constitute a criminal organization from 5 to 3; Removing the requirement that at least
one of the members be involved in committing crimes for the organization within the past five
years Extending the scope of offence which defines criminal organizations, previously limited to
indictable offences punishable by five years or more, to all serious crimes The criminal code
expressly provides that criminal organization will not mean a group of persons that forms
randomly for the immediate commission of a single offence
Section 467.11 - answer✔This creates the least serious of the criminal organization offences,
making it an offence to participate in or contribute to any activity of the criminal organization for
the purpose of enhancing the ability of a criminal organization to facilitate or commit an
indictable offence
section 467.12 - answer✔Section 467.12 creates another of the three special criminal
organization offences; that of committing an indictable offence for the benefit of, at the direction
of, or in association with a criminal organization
section 467.13 - answer✔Creates the most serious of the three offences, apparently aimed at the
leaders of the criminal organizations. This section makes it an offence for a member of the
organization to knowingly instruct any person to commit an offence for the benefit of, at the
direction of, or in association with a criminal organization
membership - answer✔Membership in a criminal organization is not an offence.
When the 1997 and 2001 Bills were introduced in Parliament, the then Ministers of Justice made
particular note of this and explained that such an offence would be difficult to prove and would
be vulnerable to a constitutional challenge
During the standing committee on justice and human rights consideration of the 2001 bill, the
minister of justice Anne McLellan explained that in reviewing other countries around the world,
it appeared that only one country had taken the approach to criminalize simple membership in
criminal organizations
The Italian approach (the crime of associating)
the Italian approach (crime of association) - answer✔membership = criminal
constitutional challenges of s. 467. 1 - answer✔considered by a Quebec Superior Court in the R
v. Carrier.
ruling: the court ruled that the provision does not sanction a person for being a member of a
gang. instead, it is aimed at a person's participation in gang activities. to be found guilty, two
criteria must be established: membership in the group and furtherance of criminal activity.
Lindsay and Bonner v The Queen - answer✔was the first case to test the federal government's
2001 anti-gang legislation, namely making it a crime to commit a serious offence for the benefit
of a criminal organization. The Ontario Supreme Court judge held that the Hells Angels
motorcycle gang is a criminal organization
More specifically, judge Fuerst was satisfied beyond a reasonable doubt that Hells Angels has -
as one of its main purpose or activities - the facilitation of one or more serious offences that
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