Angry in the Great White North
The SOCA Act
Wednesday, April 12, 2006 at 10:56 PM

Read other posts by Steve Janke published by the National Post
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From the CBC:

Ottawa and the RCMP are considering a wholesale restructuring of federal law enforcement, based on a new British super crime-fighting agency, CBC News has learned.

Canadian officials are examining an organization unveiled in the United Kingdom last week known as the Serious Organized Crime Agency, or SOCA.

The biggest change in law enforcement since the founding of Scotland Yard, the FBI-style agency brings together 4,000 people from the U.K.'s National Crime Squad, the Intelligence Service, Customs and Excise, and the Immigration Service. SOCA members can hold multiple powers of police, immigration and customs officers.

Farther down in the story, though, is the most important aspect of the reorganization -- the legislation that is driving it:

SOCA Director General Bill Hughes said the organization has also been given new legislation to target organized crime.

"With the powers we have under Proceeds of Crime, and the other additional powers we've got under the SOCA Act, then we have some real opportunities to act against organized criminals," he said.

For example, lower level gang members could be sent to jail if they refuse to testify against the leaders of organized crime gangs.

Clearly, Canadian officials like the structural reorganization, but perhaps also the legislative aspect:

RCMP Chief Superintendent Bob Paulson, who took over control of the RCMP's Organized Crime Intelligence Branch two months ago, says he likes what he sees in the U.K.

"It's a recognition that if you're going to tackle organized crime on more than one enforcement front, you can do it with all the regulatory punch of government."

The truth is, I'm confused whether Canadian officials are more enamoured by the SOCA Act, or by the enforcing agency. I think the confusion is being sowed purposely. Keep the focus on the shiny new super-crime fighting agency, so that certain groups don't pay much attention to SOCA, the law.

Why? Because of the SOCA Act, as it has been enacted in the UK, gives law enforcement the ability to crack down on organized crime in an unprecedented manner.

So what's the problem? Fewer Sicilian or Russian mobsters is a good thing. It's not like the NDP can be too upset at that, right?

Interestingly, the SOCA Act can target, and has targeted, animal rights groups:

The new Serious Organised Crime and Police Act (SOCA) came into force on 1 July this year and it includes several measures to tackle the problem of animal rights extremism.

The legislation creates a new offence of causing economic loss by organised campaigns that target any scientist or member of their family, research facility or company in the supply chain using tactics such as intimidation, criminal damage, trespass, blackmail and libel.

The new law should enable police forces and the justice system to clamp down more effectively on animal rights extremism: they now have a clearer legal framework and can act more quickly. The Act may have already helped to reduce the number of attacks significantly.

On 3 August, the Metropolitan Police confirmed that seven animal rights activists were arrested for the first time under the SOCA Act. In recent years, there have been a growing number of police and prosecution successes against offenders who target companies and their staff.

In addition, many research institutions successfully protected themselves by gaining injunctions against harassment by groups and individuals - this has reduced illegal activity in a very effective way. The injunctions have been successful, both in controlling overt protests at research premises and outside private homes.

Presumably any group that pickets a private home, or uses late night visits to intimidate people they don't like, will find themselves subject to the SOCA Act. For example, there is now a concept in British law, introduced by this Act, of the "reasonable persons" -- a test a person has to pass to avoid being subjected to prosecution for executing what is called in the UK a "home visit".

Remember those anti-sealing protests on Canada's east coast? The helicopter fly-by's, the McCartneys prancing about on an ice flow, the general nuisance factor? In the British SOCA Act, it is now an offence to enter a "designated site" as a trespasser, punishable with up to a year in jail, a designated site being defined as any Crown land. It is a crime to take part in or to help organize a demonstration on a designated site. Note that special exceptions are made for labour demonstrations. If you want to stage a demonstration on Crown land, you have to apply for permission. Permission might be granted, with details concerning allowed size, number and size of placards, time of day, etc. No loudspeakers are allowed under the SOCA Act.

Now the British SOCA Act has special sections covering animal research protests, going beyond the sections I've just described. Of course, animal rights protests targeting animal research facilities and their staff is a major problem in the UK. Presumably, a Canadianized SOCA Act would focus on the disruption of such legal activities as the seal hunt in addition to the more general sections aimed at more traditional organized crime elements.

So I go back to the first sentence of the CBC report:

Ottawa and the RCMP are considering a wholesale restructuring of federal law enforcement, based on a new British super crime-fighting agency, CBC News has learned.

The CBC report focuses on the agency itself. But the agency is backed by enabling legislation that is far more significant than the nuts and bolts details of enforcement. I'm curious about what Canadian officials are spending their time in the UK studying.

I guess we'll all find out when the we see the plans for legislation to support the law-and-order plank of the Conservative Party platform. I suspect something like the SOCA Act will get a pretty rough ride in this minority government, since the activist groups that might find themselves subject to restrictions when it comes to their hitherto unfettered ability to cause mischief are also the natural allies of the current crop of opposition parties.

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