Cabinet to List Criminal Organizations

Summary#

This bill lets the federal Cabinet create and maintain an official list of “criminal organizations” by regulation. It also updates the Criminal Code definition of “criminal organization” to include any entity on that list, and adjusts factors courts may consider when deciding if someone participated in a criminal organization.

• Creates a Cabinet-managed list of entities designated as criminal organizations (new s. 467.101(1)).
• Adds listing status to the legal definition of “criminal organization” (amended s. 467.1(1)(c)).
• Sets a process for entities to apply for delisting, with Federal Court review and limited use of secret evidence (new s. 467.101(3)–(9)).
• Requires a review of the list every 5 years, completed within 120 days, and public notices in the Canada Gazette (new s. 467.101(11)–(12)).
• Provides a 15‑day “mistaken identity” certificate process for entities wrongly identified as listed (Mistaken identity (1)–(2)).
• Adds “is a known member” to the factors courts may weigh for the participation offence (amended s. 467.11(3)(b)).

What it means for you#

• Households

  • Most people will see no change in daily life. The bill targets named groups and those who work with them.
  • If you knowingly help a listed entity commit serious crimes, you could face existing “criminal organization” offences. Listing makes it clearer that the group meets the Criminal Code definition (amended s. 467.1(1)(c); related offences in ss. 467.11–467.13 not amended here).

• Workers

  • Employees of listed entities, or those working closely with them, may face greater legal risk if they knowingly participate in or facilitate serious offences by that entity. Courts can consider whether someone is a “known member” when assessing participation (amended s. 467.11(3)(b)).
  • Individuals who believe they have been wrongly linked to a listed entity name can ask the Minister for a “mistaken identity” certificate; the Minister must decide within 15 days (Mistaken identity (1)–(2)).

• Businesses and nonprofits

  • If your organization is listed, you are legally deemed a “criminal organization” for Criminal Code purposes unless and until delisted (amended s. 467.1(1)(c)).
  • A listed entity can apply in writing to the Minister to be removed. If the Minister does not decide within 60 days, the entity is deemed to remain listed. The entity may then seek judicial review within 60 days of the Minister’s notice (new s. 467.101(3)–(6)).
  • In judicial review, a Federal Court judge may examine confidential intelligence in private and may hear parts of it without the applicant present if open disclosure would harm national security or endanger a person. The judge must give a non-sensitive summary and decide whether the Minister’s decision was reasonable (new s. 467.101(7)–(8)).
  • Public Safety must review the entire list every 5 years and publish completion of the review in the Canada Gazette (new s. 467.101(11)–(12)).

• Law enforcement and courts

  • Police and prosecutors gain a listing tool that can streamline proving “criminal organization” status in cases involving listed entities (amended s. 467.1(1)(c); new s. 467.101).
  • Federal Court will handle judicial reviews that may include classified intelligence, with flexible evidence rules (new s. 467.101(7)–(8)).

• Local and provincial governments

  • No new mandates in the bill. Police services may adjust policies and training to use the listing framework. Data unavailable on operational changes.

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no direct appropriation or fees (bill text).
• It creates new administrative duties:
  • Cabinet regulations to create and update the list (new s. 467.101(1)).
  • Ministerial decisions within 60 days on delisting applications, and 5‑year list reviews to be completed within 120 days (new s. 467.101(3)–(6), (11)–(12)).
  • Canada Gazette notices for delistings and review completions (new s. 467.101(9), (12)).
  • A 15‑day mistaken identity certificate process (Mistaken identity (1)–(2)).
• Judicial review proceedings will use Federal Court resources (new s. 467.101(6)–(8)).
• No publicly available fiscal note or cost estimate. Data unavailable.

Proponents' View#

• Improves public safety by allowing faster, uniform identification of criminal organizations, reducing the need to re‑prove organizational status case by case (amended s. 467.1(1)(c); new s. 467.101(1)).
• Provides checks and balances: entities can apply for delisting, obtain judicial review, and receive summaries of secret evidence consistent with security needs (new s. 467.101(3)–(8)).
• Ensures accountability with scheduled reviews every 5 years and public notices, so the list does not go unchecked (new s. 467.101(11)–(12)).
• Helps courts assess participation by clarifying that being a “known member” is a relevant factor, aiming for more consistent outcomes (amended s. 467.11(3)(b)).
• Limits risk of wrongful listing spillovers by offering a 15‑day mistaken identity certificate process (Mistaken identity (1)–(2)).

Opponents' View#

• Due process concerns: listing uses a “reasonable grounds to believe” standard, and judicial review can rely on secret or otherwise inadmissible evidence, limiting an entity’s ability to respond (new s. 467.101(1), (7)–(8)).
• Risk of overbreadth: once listed, an entity is conclusively treated as a “criminal organization” for Criminal Code purposes, which could affect people linked to it even in peripheral roles (amended s. 467.1(1)(c)).
• Potential for prolonged listing: if the Minister does not decide within 60 days, the entity is deemed to remain listed; new applications are restricted absent a material change, which may extend listings without timely relief (new s. 467.101(4), (10)).
• Civil liberties concerns: adding “known member” as a factor may chill lawful association or sweep in social contacts when assessing participation, increasing risk of wrongful implication (amended s. 467.11(3)(b)).
• Implementation and resource strain: creating, maintaining, and defending listings, plus periodic reviews and court proceedings, may add workload for Public Safety and the Federal Court. No cost estimates provided (Data unavailable).