Assessing the Effectiveness of Organized Crime Control Strategies ...

In Canada, there are no statutory provisions for granting a person total immunity from
prosecution. A prosecutor does have the discretionary power to refrain from laying charges in
return for an undertaking to provide testimony. The Law Reform Commission of Canada
discourages this practice, taking the view that this informal system of granting immunity is
invisible and lacking in accountability (cited in Beare, 1996). On the other hand, the Quebec
Police Commission (1976:211), in its report on OC, found it lamentable that such agreements
have been regarded in Canada as misuses of discretionary power. The Commission took the
view that, “…the decision not to lay charges against a suspect, when his collaboration is
indispensable for the prosecution of other individuals of a higher rank than himself in the
organized crime hierarchy, represents a wise use of power which is entirely compatible with the
higher interests of justice.”
In summary, there are cogent arguments for and against the granting of immunity. However, this
review did not find one shred of empirical evidence attesting to the utility of immunity. This
observation is corroborated by Albanese (1996:193):
Unfortunately, no objective empirical evidence has been gathered to provide an
indication of the relative costs (in terms of unprosecuted crimes and abuses of
immunity) versus the benefits (convictions of upper-echelon organized crime
figures). When such information is assembled, a more reliable judgment can be
made of how witness immunity can be best used to balance the interests of the public
and the interests of the witness.
4.10 Investigative Grand Juries
In the United States’ federal system and in about half the states, a grand jury determines whether
sufficient evidence exists to issue an indictment. The grand jury comprises a group of citizens
drawn from the voting rolls. Aside from these probable cause determinations, the grand jury
may be used for investigative purposes as well. When so used, it has broad investigative
authority, including the power to subpoena persons and documents (Abadinsky, 2003: 349). In
the federal system and in those states where statutes permit, the grand jury is used to investigate
corruption in government and law enforcement, as well as the activities of OC. They function
much like citizen commissions, with the added benefit that they can prosecute cases they
discover (Albanese, 1996: 197).
The Organized Crime Control Act of 1970, enacted in the United States, requires the convening
of a special grand jury at least every 18 months in federal judicial districts with a population in
excess of one million. The life of these grand juries can extend to 36 months, allowing for the
investigation of complex OC cases. The special grand juries hold secret proceedings during
which the prosecutor presents evidence to establish probable cause for indictment. In some
jurisdictions, such grand juries have the power to publish reports at the completion of their terms
(Albanese, 1996:196). While governments are not required to act on these reports, the publicity
associated with their release encourages action.
Research and Statistics Division / Department of Justice Canada | 37