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MEASURES TO COMBAT ORGANIZED CRIME

1. INTRODUCTION

2. BACKGROUND

3. OBJECTIVES OF THE INITIATIVE

4. METHODOLOGY

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1. INTRODUCTION

On April 5, 2001, the Government of Canada announced the Measures to Combat Organized Crime Initiative (the MCOC Initiative or the Initiative). Four partner departments and agencies (the Department of Justice (DOJ), the Royal Canadian Mounted Police (RCMP), the Department of the Solicitor General (SGC), and the Correctional Service of Canada (CSC)) are to receive a total of $150 million¹ between 2001 and 2006 and $30 million² annually thereafter to assist them in providing a coordinated response to the complex and evolving nature of organized crime. This Initiative represents an enhancement to the Government’s on-going efforts against organized crime such as the Integrated Proceeds of Crime (IPOC), National Initiatives to Combat Money Laundering (NICML) as well as anti-smuggling efforts.

This summary report presents the findings of the mid-term evaluation of the DOJ component of the Initiative. SGC is also conducting an evaluation that encompasses its department and agencies (the RCMP and CSC). SGC will then use the findings from both evaluations to prepare a comprehensive interdepartmental mid-term evaluation report, to be presented to the Assistant Deputy Minister’s Public Safety Committee.

The DOJ’s mid-term evaluation is structured around the four main evaluation issues identified in the Results-based Management and Accountability Framework (RMAF): relevance, design and delivery (appropriateness), success, and effectiveness/alternatives. While the primary focus is on the implementation of DOJ’s activities under the Initiative, this report also presents preliminary findings on progress toward achieving immediate outcomes and suggestions for future activities. The research is also intended to assist managers in identifying areas still to be implemented and recommendations for areas of improvement.

2. BACKGROUND

In recent years, organized crime has become a significant public concern in Canada and around the world. In September 2000, the Federal, Provincial, and Territorial Ministers responsible for Justice adopted the National Agenda to Combat Organized Crime (the National Agenda), which identified certain priorities in fighting organized crime and promoted a collaborative approach. The National Agenda also proposed the development of legislative and regulatory tools to assist with the investigation and prosecution of organized crime. In October 2000, the House of Commons Sub-Committee on Organized Crime tabled a report that made 18 recommendations for legislative action. Responding to these recommendations, the House of Commons passed Bill C-24, which addressed the most urgent priorities identified in the National Agenda. Key provisions of Bill C-24 are:

• New and enhanced criminal organization provisions: provides a new, simplified definition of “criminal organization” and introduces three new criminal organization offences into the Criminal Code (sections 467.11-13). Sentences for these offences are to be served consecutively, not concurrently, and more restrictive parole eligibility applies.
• Provisions to improve the protection of persons who play a role in the criminal justice system: amends Criminal Code section 423 to create a hybrid intimidation offence with a higher penalty and creates a new intimidation offence in section 423.1.
• Expanded seizure and forfeiture provisions for proceeds of crime and offence-related property: expands the proceeds of crime provisions to most indictable offences and the definition of offence-related property to include all property used in committing the crime. In addition, officials can enforce foreign confiscation orders involving proceeds of crime.
• Law enforcement justification provision: creates a limited justification to protect designated law enforcement officers from liability for offences when they act reasonably and proportionally in the course of investigations and enforcement.

As part of its commitment to combat organized crime and to support this new legislation, the federal government announced the Measures to Combat Organized Crime Initiative. There are three components to the Initiative: legislation/policy/research, investigation and enforcement, and prosecution.

The DOJ is to receive a total of $48.46M³ over the first five years and $11.76M⁴ annually thereafter to conduct legislative/policy development and research on organized crime and for implementation of a new Intensive Federal Prosecution Strategy (IFPS) designed to improve prosecutions. The IFPS includes four primary activities: the provision of pre-charge advice and assistance by dedicated organized crime prosecutors; improved disclosure management with specialized disclosure units; dedicated organized crime prosecutors and teams; and enhanced support for international legal assistance in organized crime cases.

3. OBJECTIVES OF THE INITIATIVE

The long-term goals of the Initiative are to disrupt, dismantle, deter, and incapacitate criminal organizations, leading to enhanced public safety and security. In order to achieve these goals, the Initiative has set the following interim objectives:

• Increased knowledge and understanding of organized crime issues and tools;
• Enhanced ability to investigate/prosecute organized crime offences/groups;
• Improved case preparation; and
• Improved detection/targeting of organized crime offences/groups.⁵

These interim objectives are expected over time to lead to more effective investigations and prosecutions.

4. METHODOLOGY

The DOJ evaluation consisted of three main data collection methods: key informant interviews with DOJ representatives in the regions (FPS directors, prosecutors and paralegals) and at headquarters from FPS, Criminal Law Policy Section (CLPS) and Research and Statistics Division (referred to as DOJ officials in the report); a review of open organized crime files; and a review of relevant documents, including an analysis of organized crime files in Caseview, the FPS’s time and file management system.

Since the focus of the mid-term evaluation is on assessing the implementation of DOJ Initiative activities, only Departmental representatives were interviewed. Other stakeholder perspectives are not included in this evaluation, with the exception of some questions posed to RCMP managers on behalf of the DOJ during the SGC evaluation.

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¹ This includes accommodation costs which are retained by Treasury Board for new salary resources as well as Employee Benefit Plan costs that are transferred to the departments/agencies

² Ibid

³ This includes the Employee Benefit Plan transferred to the Department but excludes accommodation costs retained by Treasury Board

⁴ Ibid

⁵ Although the FPS plays an important role at the investigative stage, this objective relates to the activities under the investigation/enforcement component of the Initiative under which SGC, RCMP, and CSC receive funding.

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