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By listing offences we can expect to encounter the problem that certain offences will not be part of the legislative scheme when they are needed to counter organized crime. Advances in communication technology will create new methods of committing all profit generating crimes, some of which have been, and others which have not been hereto utilized by organized crime. All crimes related to the financial industry and the developing world of e-commerce must be considered under the umbrella of this legislation. For example, we are predicting that Internet gambling will become extremely significant to organized crime and the money laundering, yet C-95 did not capture that offence as it was not punishable by imprisonment by five years or more. The most important question surrounding C-24 is whether the elements of the offence can be proven in court. While some maintain that the elements of the existing criminal organization offence is extremely difficult without a confession, adequate intercepted information, or a gang member turned witness, the significant question presented by this legislation is whether it will be seen as Charter consistent. What is of particular concern, is whether the new subsections 467.1(1) and 467.1(3) will survive, given that there is no requirement to demonstrate that the accused was a party to the offence. These provisions are reminiscent of the murder felony rule which was struck down as not having the required level of intent. The structure of this amendment breaks new ground on the required mental and physical elements, and sets undefined points of intent. |