The Criminal Enterprise Suppression Act

The Criminal Enterprise Suppression Act establishes a procedure where a police chief (which includes an officer in charge of an RCMP detachment) may apply to the court for a number of different orders regarding the management, operation or ownership of a provincially licensed business.

If the police chief is satisfied that a person who owns or manages a business is a member of a criminal organization, the chief may apply to the Court of Queen’s Bench for an order to:

• cancel any license used or held in connection with the business;
• prohibit the person from owning or managing a business; or
• direct the Saskatchewan Liquor and Gaming Authority not to approve an application for a liquor license.

The definition of "criminal organization" is adopted from the Criminal Code (Canada) and is linked to criminal organization offences under the Code. The police chief may also apply to the Court for an order to deny a pending application for a license by a person who is a member of a criminal organization and owns or manages a business or who is expected to own or manage a business.

If the police chief is satisfied that a person owns or manages a business, and that business is being used to advance an unlawful activity, the chief may apply to the Court for an order to:

• require the respondent to cease owning or managing the business;
• require that the business cease operations;
• require that the business be liquidated and dissolved;
• cancel any license;
• prohibit the respondent from owning or managing a business whose operation requires a license;
• liquidate or dissolve a corporation under The Business Corporations Act;
• cancel the registration of the business under The Business Names Registration Act; or
• direct the Saskatchewan Liquor and Gaming Authority not to approve an application for a liquor license.

If the police chief is satisfied that a person who owns or manages a business:

• has conspired to engage in unlawful activity; or
• knew or ought to have known that the unlawful activity would result in injury to the public, and injury to the public has resulted or will likely result from the unlawful activity,

The chief may apply to the Court for an order to restrain the person’s activities as well as an order that the person pay damages for any injury caused.