Conference Material

    • Margaret Beare, Criminal Conspiracies: Organized Crime in Canada, 2nd ed. 2015 (Oxford University Press) was the first academic book to look at organized crime in Canada and to trace the development of the concept and the legislation, and remains the point of reference for scholarship in the field.
    • NOTE: The book is now available for purchase at a special rate (includes free shipping) on the UBC Bookstore website. Click here to purchase.​
    • Speakers: Dr. Peter German, Professor Gerry Ferguson
    • Chair: Professor Yvon Dandurand   
      • Gerry Ferguson: Global Corruption: Law, Theory and Practice Short index to Global Corruption Coursebook, click here. Detailed index, click here. For complete Coursebook:  Click here.

        Note: Professor Ferguson’s course book is issued under a creative commons license and can be used for free in whole or in part for non-commercial purposes. The first chapter sets out the general context of global corruption: its nature and extent, and some views on its historical, social, economic and political dimensions. Each subsequent chapter sets out international standards and requirements in respect to combating corruption – mainly in the UN Convention Against Corruption (UNCAC) and the OECD Bribery of Foreign Officials Convention (OECD Convention). The laws of the United States and United Kingdom are set out as examples of how those Convention standards and requirements are met in two influential jurisdictions. Finally, the law of Canada is set out.
  • Peter M. German - Proceeds of Crime and Money Laundering, 2nd ed. (Toronto: Thomson Reuters, 2012) – six supps/ yr. (includes proceeds of crime, money laundering, civil forfeiture and corruption law in Canada).  Quoted with approval in HMTQ v Lavigne [2006] 1 SCR 392; Canlii: 2006 SCC 10: at paras. 8-9

8 In 1989, Canada honoured the commitment it had made when it signed the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Can. T.S. 1990 No. 42, by amending the Criminal Code to add Part XII.2 (Proceeds of Crime): R.S.C. 1985, c. 42 (4th Supp.) (formerly S.C. 1988, c. 51), s. 2.  The new provisions allowed the prosecution to use unprecedented investigative methods (s. 462.32), created new offences (s. 462.31(1)) and established special rules for sentencing (ss. 462.31(2) and 462.37).  As P. M. German correctly writes, Parliament goes beyond the offender him or herself and targets the proceeds of crime (Proceeds of Crime:  The Criminal Law, Related Statutes, Regulations and Agreements (loose‑leaf ed.), at p. 3‑4):

 Part XII.2 goes much further than other crime control initiatives, representing a paradigmatic shift from the traditional, single transaction, individual‑oriented structure of criminal law with which Canadians are familiar, to one which is both property‑driven and premised upon multiple transactions perpetrated by criminal organizations.  It focuses upon the proceeds of crime, as opposed to the offender, individual or corporate; the avowed purpose being to neutralize criminal organizations rather than punish individual offenders.  Its effectiveness in achieving these goals is inexorably tied to the speed by which criminal proceeds can be seized or frozen and as a result, it acts prospectively, in anticipation of a conviction in later proceedings.  [Citations omitted.]

9  Great importance is thus attached to the proceeds of crime, and one of the stated goals is to neutralize criminal organizations by depriving them of the profits of their activities… .