Opinion: Automatic release must be reformed for cases involving organized crime
Montreal is in the middle of a quiet war. On one side, law enforcement scores rare wins like the June 12 arrests of alleged Mafia leaders including Leonardo Rizzuto and Stefano Sollecito in a sweeping police operation across Quebec. On the other, violence keeps erupting in incidents such as the fatal shooting of a man in a Brossard park on July 2, which Longueuil police said may have been gang-related.
The problem isn't that police aren't doing their job. It's that the law keeps handing criminal networks a second life.
Take Nicola Spagnolo. An alleged associate of the Rizzuto clan, he was serving time for a 2020 stabbing. He had been turned down for parole due in part to affiliations with organized crime denied by Spagnolo but noted by Correctional Service Canada (CSC). And yet, under Section 127 of the Corrections and Conditional Release Act (CCRA), he automatically qualified for release after serving two-thirds of his sentence — until he was arrested in June as a murder suspect in the same case as Rizzuto and Sollecito, while he was still behind bars. If no new charges had been filed, he would have walked free.
This is not a flaw. It is a design failure.
The CCRA's statutory release mechanism was built on ideals of rehabilitation and reintegration. But in cases involving links to organized crime, those ideals are being exploited. CSC's assessments flagged Spagnolo as 'an active member of a security threat group or organized crime.' Yet legally, that status wasn't enough to deny his release — because in Canada, an assessment of affiliation with organized crime alone does not qualify as a sufficient reason to override statutory release.
This must change.
Parliament should amend Section 127 to create an exception to automatic release for individuals with links to organized crime. This exception should not be based on subjective suspicion, but on clear CSC assessments, intelligence, and behavioural records while in custody. This is about protecting the public, not punishing indefinitely.
In addition, Canada should implement a national threat profile registry, which would classify inmates based on their operational risk rather than just their criminal record. This registry would allow authorities to consider gang membership, leadership roles and persistent criminal associations in evaluating release eligibility. Similar models are already used in certain situations in jurisdictions like Germany and the Netherlands.
Moreover, release should not mean freedom without oversight. Canada's statutory-release system does permit curfews, halfway-house residency and other conditions, yet safeguards are limited when release itself is mandatory. For individuals flagged under the proposed registry, electronic monitoring, communication bans and mandatory reintegration plans would be imposed for at least the duration of the original sentence. Reintegration isn't passive — it requires structured conditions and accountability.
Provincial prosecutors should also be empowered to contest statutory releases when public safety is at stake. Currently, their involvement in release procedures is minimal, yet they are the most familiar with the real-life consequences of letting violent gang members return to the same neighbourhoods they helped destabilize.
Beyond legal reform, there's a societal dimension. Communities affected by violence are not just crime scenes — they are often left to pay the price for legal leniency. Residents lose faith in public institutions when the same names cycle through headlines and courtrooms year after year. Fighting organized crime must include breaking the cycle of predictable impunity.
Montreal cannot afford to wage war on organized crime with laws that seem designed for first-time offenders. This is not about being tough on crime — it's about being smart on structural threats. Organized criminal networks exploit every loophole available. It is time the law stopped helping them.
We need sentencing legislation that reflects the complexity of modern criminal networks, prioritizes sustained community protection and restores trust in the justice system. For that to happen, automatic release for documented members of organized crime must end. Anything less is an invitation to repeat the same cycle, with more victims next time.
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