| Historical Information |
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| This post is about a previous Session of Parliament. Any legislation here that did not receive Royal Assent has been terminated. |
C-420 – An Act to amend the Criminal Code (criminal organizations and proceeds of crime) – takes away access to property belonging to anyone convicted of a crime involving a criminal organization if they got the property through organized crime.
There’s two main parts here, first of which involves any restraining orders. As part of a restraining order, Rhéal wants to give judges the ability to deny access to any property they believe was obtained through organized crime. If the judge believes that someone under the restraining order will do something that would cause that property to lose value or disappear then the restraining order can apply to that property as well. (So if they believe a building will be burned down or a car collection suddenly sold off they can order someone to stay away from them.)
The second part allows the courts to seize any property that belongs to someone convicted of a crime involving organized crime. The guilty will be expected to prove that each piece of property wasn’t gained through involvement with organized crime or have it seized. This includes virtual property like cryptocurrency. If it’s decided seizing the property would be impractical the courts can issue a fine equal to its value instead. There’s a few measures in here for other people to appeal these decisions and have the property handed over to them instead. (So if your spouse is convicted and it’s determined your house should be seized but you’re innocent you can have the house turned over to you.)
Finally Rhéal wants to allow the government to create a list of criminal organizations. This list would be updated through Orders in Council at the recommendation of the Minister of Public Safety and Emergency Preparedness. Measures are included here to allow organizations put on this list to appeal the decision.
Progress of C-420
C-420 is currently outside of the Order of Precedence.
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