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Home → Legislative Business → Bills → 37-4

Status of bills in this Session.

Fourth Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications .

Bill 2

THE CIVIL REMEDIES AGAINST ORGANIZED CRIME AND LIQUOR CONTROL AMENDMENT ACT

Table of Contents

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE CIVIL REMEDIES AGAINST ORGANIZED CRIME ACT

Definitions

1(1)

In this Act,

"business" means an undertaking involving the provision of goods or services, whether for profit or not; (« entreprise »)

"criminal organization" means a criminal organization as defined in

section 2 of the Criminal Code (Canada); (« gang »)

"criminal organization offence" means a criminal organization offence as defined in

section 2 of the Criminal Code (Canada); (« acte de gangstérisme »)

"injury to the public" includes

(

a) any unreasonable interference with the public health, safety, comfort or convenience,

(

b) any unreasonable interference with the public's enjoyment of property, and

(

c) any expense or increased expense incurred by the public, including any expense or increased expense incurred by the government or a municipality; (« préjudice d'ordre public »)

"judge" means a judge of the Court of Queen's Bench; (« juge »)

"police chief" means the chief of police of a municipality or the commanding officer of the Royal Canadian Mounted Police in Manitoba; (« chef de police »)

"respondent" means a person named as a respondent in an application made under this Act; (« intimé »)

"unlawful activity" means

an act or omission that is an offence under

(

a) an Act of Canada, Manitoba or another Canadian province or territory, or

(

b) an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under

an Act of Canada or Manitoba if it were committed in Manitoba. (« activité illégale »)

Interpretation: "owns or manages a business"

1(2)

For the purposes of this Act, a person owns or manages a business if the person, directly or indirectly,

(

a) owns, controls or has a significant interest in it;

(

b) manages its operations; or

(

c) exercises, or is in a position to exercise, a significant degree of influence over its management.

Application must be brought by police chief

Only a police chief may bring an application under this Act.

MEMBER OF A CRIMINAL ORGANIZATION OWNING OR MANAGING A BUSINESS

Application

3(1)

If a police chief is satisfied that a respondent is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business, the police chief may apply to a judge for an order described in subsection (2).

Order

3(2)

If the judge is satisfied that the respondent is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business, he or she may make an order doing one or more of the following:

(

a) cancelling any licence under The Gasoline Tax Act , The Liquor Control Act , The Motive Fuel Tax Act , or The Tobacco Tax Act, or any registration certificate under The Retail Sales Tax Act, held or used in connection with the business;

(

b) prohibiting the respondent from owning or managing a business whose operation requires such a licence or registration certificate, for the period specified in the order;

(

c) designating any premises used or occupied by the business as a prohibited place for the purposes of

section 37 of The Liquor Control Act , for the period specified in the order.

MEMBER OF A CRIMINAL ORGANIZATION APPLYING FOR A BUSINESS LICENCE

Application

4(1)

A police chief may apply to a judge for an order described in subsection (2) if he or she is satisfied that

(

a) the respondent is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business; and

(

b) an application concerning that business has been made for a licence or registration certificate referred to in clause 3(2)(a).

Order

4(2)

The judge may order that the application for such a licence or registration, and any similar application made within a period of time specified in the order, be denied, if he or she is satisfied that the respondent

(

a) is a member of a criminal organization; and

(

b) owns or manages, or is reasonably expected to own or manage, the business in respect of which the application was made.

Licence or registration certificate not to be issued

4(3)

Despite the provisions of any other Act, when an application is made under this

section concerning the issuance of a licence or registration certificate, it must not be issued while the application is pending.

CARRYING ON A BUSINESS TO ADVANCE AN UNLAWFUL ACTIVITY

Application

5(1)

If a police chief is satisfied that the respondent owns or manages a business that, to the knowledge of the respondent, is being used to advance an unlawful activity, the police chief may apply to a judge for an order described in subsection (2).

Order

5(2)

If the judge is satisfied that the respondent owns or manages a business that, to the knowledge of the respondent, is being used to advance an unlawful activity, the judge may, to stop or prevent that use of the business, make an order doing one or more of the following:

(

a) requiring the respondent to cease owning or managing the business, in a manner satisfactory to the judge, within a period specified in the order;

(

b) requiring that the business cease operations in Manitoba;

(

c) requiring that the business be liquidated in a manner directed by the court;

(

d) cancelling any licence under The Gasoline Tax Act , The Liquor Control Act , The Motive Fuel Tax Act , or The Tobacco Tax Act, or any registration certificate under The Retail Sales Tax Act, held or used in connection with the business;

(

e) prohibiting the respondent from owning or managing a business whose operation requires such a licence or registration certificate, for the period specified in the order;

(

f) if the business is operated by a corporation incorporated under The Corporations Act , liquidating and dissolving that corporation;

(

g) if the business is registered under The Business Names Registration Act , cancelling that registration;

(

h) designating any premises used or occupied by the business as a prohibited place for the purposes of

section 37 of The Liquor Control Act , for the period specified in the order.

PERSON CONSPIRING TO ENGAGE IN UNLAWFUL ACTIVITY

Application

6(1)

If a police chief is satisfied that

(

a) the respondent has conspired with anyone to engage in an unlawful activity;

(

b) the respondent knew or ought to have known that the unlawful activity would likely result in injury to the public; and

(

c) injury to the public has resulted, or will likely result, from the unlawful activity;

the police chief may apply to a judge for an order restraining the respondent's activities.

Order

6(2)

If the judge is satisfied that

(

a) the respondent has conspired with anyone to engage in an unlawful activity;

(

b) the respondent knew or ought to have known that the unlawful activity would likely result in injury to the public; and

(

c) injury to the public has resulted, or will likely result, from the unlawful activity;

the judge may, to prevent or reduce the risk of injury to the public, make any order that he or she considers necessary and just to restrain the respondent's activities.

Presumption of risk of injury to the public

6(3)

For the purpose of subsection (1), proof that at least twice in the five years before the application was commenced the respondent engaged in or conspired to engage in unlawful activity that resulted in injury to the public is proof, in the absence of evidence to the contrary, that similar unlawful activity would create a risk of injury to the public.

Interim order where application pending

6(4)

On the motion of a police chief in an application under this section, a judge may, for the purpose of preventing or reducing the risk of injury to the public, make any interim order that he or she considers necessary and just.

Order may be for specified time

6(5)

An order under this

section may specify the period during which it remains in effect.

Damages re conspiracy to engage in unlawful activity

7(1)

In an application under

section 6, the police chief may seek damages from the respondent on behalf of the public for any injury to the public that results from the unlawful activity. If satisfied that injury to the public has resulted from the unlawful activity, the judge may include in the order a requirement that the respondent pay damages for that injury.

Damages are a debt to the government

7(2)

Damages awarded under subsection (1) must be paid to the Minister of Finance and are a debt owing to the government.

Damages to be paid into Victims' Assistance Fund

7(3)

The Minister of Finance must deposit any money receives as damages under this

section in the Victims' Assistance Fund under The Victims' Bill of Rights.

GENERAL PROVISIONS

Application to be heard on an urgent basis

An application under this Act must be heard on an urgent basis.

Queen's Bench rules re discovery not to apply

The Queen's Bench Rules regarding

(

a) examination for discovery;

(

b) affidavits of documents and discovery of documents; and

(

c) examination and cross-examination of a deponent or a witness before a hearing;

do not apply to the hearing of an application under this Act.

Standard of proof

Findings of fact in an application under this Act shall be made on the balance of probabilities.

Proof of offence

In an application under this Act,

(

a) there is a rebuttable presumption that a person is a member of a criminal organization if he or she has been found guilty or convicted of a criminal organization offence under the Criminal Code (Canada); and

(

b) evidence that a person was charged with and acquitted of an offence under the Criminal Code (Canada), or that such a charge was withdrawn or stayed, is not relevant in making a finding of fact under this Act.

Corporation may not be revived

The provisions of The Corporations Act that make it possible to revive a corporation do not apply in respect of a corporation liquidated and dissolved by an order made under this Act.

Appeal to Court of Appeal

An order made under this Act may be appealed to The Court of Appeal on a question of law, but otherwise is final and binding and is not subject to appeal under any other Act.

Service of order on authority and compliance

When an order is made under this Act, the police chief who made the application may serve the order on the authority having jurisdiction in respect of a licence or registration described in the order, and that authority must comply with the terms of the order as soon as reasonably practicable.

Protection from legal action

No action or proceeding for damages may be brought against an applicant or any person acting under the authority of, or engaged in the administration of, this Act because of anything done or omitted to be done in good faith under this Act.

PART 2

AMENDMENTS TO THE LIQUOR CONTROL ACT

C.C.S.M. c. L160 amended

The Liquor Control Act is amended by this Part.

The following is added after subsection 37(5):

Court order re prohibited place

37(5.1)

A court order under The Civil Remedies Against Organized Crime Act designating premises as a prohibited place is deemed to be an order of the commission made under subsection (1).

The following is added after subsection 120(8):

Gang colours forbidden

120(9)

No person shall wear gang colours in any licensed premises.

Definition of "gang colours"

120(10)

In subsection (9), "gang colours" means a sign, symbol logo or other representation identifying, associated with or promoting a group of persons who conspire to engage in unlawful activities.

PART 3

CONSEQUENTIAL AMENDMENTS TO THE VICTIMS' BILL OF RIGHTS

Consequential amendments, C.C.S.M. c. V55

19(1)

The Victims' Bill of Rights is amended by this section.

19(2)

Subsection 40(2) is amended by adding the following after clause (c):

(c.1) money received by the Crown as damages for injury to the public pursuant to an order made under

section 7 of The Civil Remedies Against Organized Crime Act ;

19(3)

The following is added after

section 43:

Funds from Civil Remedies Against Organized Crime Act

43.1

When any money is deposited into the fund under clause 40(2)(c.1), the minister may request that payments of that amount of money be made from the fund

(

a) for any of the purposes set out in

section 43; or

(

b) to compensate an applicant for the actual expenses incurred in a proceeding under The Civil Remedies Against Organized Crime Act .

PART 4

CITATION AND COMING INTO FORCE

C.C.S.M. reference

This Act may be cited as The Civil Remedies Against Organized Crime Act and referred to as

chapter C107 of the Continuing Consolidation of the Statutes of Manitoba .

Coming into force

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables a Court of Queen's Bench judge to make the following orders on the application of a chief of police or the commanding officer of the Royal Canadian Mounted Police in Manitoba:

If a person is a member of a criminal organization and owns or manages a business, the judge may make an order cancelling certain licences or registrations that are held or used in connection with the business.

If a person is knowingly carrying on a business for an unlawful purpose, the judge may make an order to stop or prevent that use of the business.

If a person has conspired with anyone to engage in unlawful activity that has caused or likely would cause injury to the public, the judge may make any order necessary to restrain the activity.

A judge may also deny applications for certain licences or registrations sought for a business owned or managed by a member of a criminal organization.

A judge may also order that premises used in connection with a business affected by an order under this Act be designated as a prohibited place where liquor cannot be present, sold or consumed.

The Liquor Control Act is amended to make wearing gang colours in a licenced premises an offence.

Consequential amendments are also made to The Victims' Bill of Rights .

Document details

Collection	Manitoba — Debates (Hansard)
Citation	37-4 b002e.php
Type	bill
Volume / chapter	37 4 b002e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	7c33d65a440ce55ce925bb86cb5fa597275174f3

Source file is stored in the law ingest library (html).