The BCCLA submits that this appeal raises issues of fundamental importance to liberty interests. The BCCLA submits that rigorous Charter scrutiny of the criminal organization provisions in the Criminal Code is critical to maintenance of a free and democratic society. The BCCLA’s submissions are summarized as follows:

I.          While the objectives of the criminal organization provisions of the Criminal Code are important, their pressing nature cannot undermine the need for rigorous Charter scrutiny of section 467.13;

II.        Too narrow a conception of the principles of vagueness and overbreadth put critical liberty interests at significant risk;

III.       Due to the severe penalties attached to section 467.13, this provision must be subject to a particularly stringent vagueness and overbreadth analysis;

IV.       The purposes of section 467.13 should be construed as targeting those in a leadership position in regard to the serious crime activities of a criminal organization; and,

V.        Section 467.13 is highly vulnerable to the principles of vagueness and overbreadth because of its broad scope in the context of its severe penalties.  The provision fails to target those in a true leadership position in a criminal organization and fails to reasonably limit the discretion of law enforcement.