2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
MR. TONY BHULLAR
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 (1) This Act shall have full force and effect notwithstanding a provision or provisions included in section 2 or in sections 7 to 15 of the Canadian Charter of Rights and Freedoms, Constitution Act 1982, enacted as Schedule B to the Canada Act 1982 (UK) 1982, Chapter 11, and
(2) Wherever any provision of another Act conflicts with this Act, this Act shall prevail.
2 In this Act:
"associate" means any person, including a corporation or unincorporated business who or which knowingly aids or knowingly benefits from the unlawful activities of a gang or of any of its members;
"gang" means any two or more persons, whether formally or informally allied, who acts in concert for the purpose of committing unlawful acts including indictable offences, whether for gain or otherwise, and whether or not all or any of them are otherwise associated for a lawful purpose or purposes.
"Judicial district" means a Judicial district as defined by the Supreme Court Act [RSBC 1996] Chapter 443.
3 (1) Every member of a gang is liable in civil suit jointly and severally, for any damage or damages committed by a gang or by any of its members or associates in the course of planning, preparing, attempting, undertaking, aiding, or abetting any unlawful activity, and
(2) Every associate of a gang is similarly liable, and
(3) (a) Every person normally resident with a gang member or who provides significant financial support to a gang member is similarly liable, provided that
(b) A person who provides significant financial support pursuant to a Court order or a separation agreement and who is not otherwise a gang member or associate is not so liable.
(4) This section applies to any and all damage recoverable by civil suit including but not limited to intentional torts, torts of negligence, nonfeasance, breach of statutory duty and interference with contractual relations.
4 Every law enforcement official upon becoming aware that a member or associate of a gang is not lawfully in Canada shall report the same forthwith to the appropriate federal authority with a recommendation that such person be deported, or, where that person is material to an ongoing criminal investigation, shall seek an ex parte order of the Supreme Court of British Columbia reserving such report and recommendation until the conclusion of that investigation.
5 (1) Membership in a gang is an offence, punishable upon summary conviction, and
(2) Anyone who acts as an identifiable leader in a gang commits an offence, and in addition to any other penalties under this Act, is liable on summary conviction to further imprisonment for 1 year.
6 Any person who by any display, gesture, words, mode of dress, or other display, or any combination of them indicates that he is a member of a gang is guilty of an offence, punishable on summary conviction.
7 Any person defacing property with any sign, symbol, graffiti or other display of apparent gang identification, the proof of which shall be on the balance of probabilities, is guilty of an offence punishable on summary conviction.
8 (1) Any person may apply to the Supreme Court of British Columbia for a declaration that a person is a member or associate of a gang operating in the province of British Columbia.
(2) (a) Any person who threatens to do or cause, or who does or causes any injury or detriment to any other person intending to prevent that person or another from providing material information or giving evidence to law enforcement authorities or to a court with respect to the existence, or membership, of a gang, or with respect to its unlawful activities, is guilty of an offence punishable on summary conviction, and
(b) Is and remains liable for civil damages arising therefrom, notwithstanding a conviction under this section.
9 (1) In making a declaration under section 8 of this Act, the Supreme Court of British Columbia may make an order suspending any license authority or privilege whatsoever enjoyed by the person who is subject of the declaration which is granted or maintained under the authority of the Province of British Columbia or any Municipality, Crown Corporation or other Authority, Commission or body whatsoever operating under the jurisdiction of the Province of British Columbia, and
(2) Such order may be general or specific, and may be limited or unlimited in duration.
10 Any person who recruits or attempts to recruit another to become a gang member or associate of a gang commits an offence punishable on summary conviction by imprisonment for not less that 6 months and not more than 2 years.
11 Any person who loiters for the purpose of establishing or maintaining a gang territory commits an offence punishable on summary conviction.
12 (1) Any person who possesses, manufactures, otherwise crafts, modifies, sells, or provides any weapon or equipment for unlawful gang use commits an offence punishable on summary conviction, and
(2) The Supreme Court of British Columbia may make an order of forfeiture with respect to any such weapon or equipment.
13 (1) Every building or place regularly used or frequented by a gang for the purposes of committing or furthering the commission of unlawful acts is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or a private nuisance, and
(2) In addition to other remedies, the Supreme Court of British Columbia may make an order of forfeiture with respect to such building or place.
14 (1) Where 3 or more persons who are present together use or threaten to use acts of violence against another or others in circumstances that create or would tend to create a reasonable fear of harm, all those present and appearing to make or to condone such threats or acts commit an offence punishable on summary conviction by:
(a) in the case of threats only, imprisonment for a period of not less than 2 months and not more than 6 months, and
(b) in the case of actual violence, imprisonment for a period of not less than 6 months and not more than 2 years.
15 (1) Where 3 or more persons enter, or remain, without lawful excuse, on property in the absence of the lawful owner or tenant, for the purpose of committing a criminal offence, each commits an offense punishable on summary conviction by imprisonment for not less than 3 months and not more that 6 months, and
(2) Where 3 or more persons enter, or remain without lawful excuse, on property or in a structure thereon while the lawful owner or tenant is present on the property or in the structure, for the purpose of committing a criminal offence, each commits an offence punishable on summary conviction by imprisonment of no less than 6 months and no more than 2 years less a day, and
(3) Where any person committing an offence under this section discharges or attempts to discharge a firearm or other deadly weapon on the occasion of the offence, such person shall, instead of the penalty otherwise provided for, be punishable by imprisonment for not less than 1 year and not more than 2 years.
16 (1) Notwithstanding the provisions of any other Act, the Solicitor General or his agent may collect personal information for the purpose of determining whether a violation of the Act has occurred, and for the purpose of enforcing this Act, and
(2) On clear and convincing grounds of a likely violation of this Act, a peace officer may obtain from a judge of the Supreme Court of British Columbia resident in a Judicial District including one or more of the places subject to the warrant, a warrant in form prescribed by regulation, authorizing such manner of surveillance, and subject to such limitations, as the judge shall see fit.
17 The penalty for each commission of an offence under this Act, except as otherwise expressly provided for, shall be a fine of not more than $2,000 or a term of imprisonment of not more than 6 months, or both.
18 A judgment by the Supreme Court of British Columbia under this Act may be appealed to the British Columbia Court of Appeal.
This Bill establishes a civil liability for gang members and their associates, requires the reporting of gang members illegally in Canada to federal authorities for deportation, and creates a number of offence relating to gang activity and identification, with serious corresponding penalties.
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