Organized Crime Offences

What Are Organized Crime Offences?

Organized Criminal Offences are criminal offences which are committed by a criminal organization and can involve a wide array of criminal offences as defined within the Criminal Code of Canada.

The Criminal Code of Canada defines a “Criminal Organization” in Section 467.1 as a group, however it is organized, which:

1. Is composed of at least three or more individuals, who either are in or outside of Canada, and

2. Its main activities or purposes is to carry out the commission or facilitation of one or more serious criminal offences that would result in the indirect or direct receipt of material benefits, including financial benefits, by any of the persons who are part of this group, or the group itself.

The factors to be considered to determine whether a group is a criminal organization include a determination as to whether there are:

i. rules amongst those in the organization

ii. defined roles within a structure,

iii. communication among the participants,

iv. actual or pending material benefit to the parties, and

v. an organizational structure that promotes the commission of offences.

Whether the court finds that a criminal organization exists will depend on the evidence in any given case (but without limiting what kind of evidence), such as:

• the association between individuals;

• the crimes committed by the members;

• regular or frequent contact of the members;

• photographs of the group;

• emblems, patches, uniforms worn by the members that identify them with the group;

• the declarations by some or all of the members;

• membership list;

• minutes of the group’s meetings;

• the group phone list setting out the members’ names and phone numbers;

• the actions by some or all of the members;

• minutes of the group’s meetings and other kinds of documentary evidence; or

• expert evidence

Commission of an offence for a criminal organization – s.467.12

Section 467.12 makes it an offence to commit an indictable offence for the benefit of, at the direction of, or in association with a criminal organization, as follows:

467.12(1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

Instructing commission of an offence for a criminal organization– s.467.13

Section 467.13 makes it an offence for a member of a criminal organization  to knowingly instruct any person to commit an offence for the benefit of, at the direction of, or in association with the criminal organization, as follows:

467.13(1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

The Crown is not required to prove the following:

(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

(a) an offence other than the offence under subsection (1) was actually committed;

(b) the accused instructed a particular person to commit an offence; or

(c) the accused knew the identity of all of the persons who constitute the criminal organization.

Recruiting Persons to Join Criminal Organization – s.467.111

Section 467.111 makes it an offence to recruit a person to join a criminal organization  as follows:

467.111 Every person who, for the purpose of enhancing the ability of a criminal organization  to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable,

(a) in the case where the person recruited, solicited, encouraged or invited is under 18 years of age, to imprisonment for a term not exceeding five years, and to a minimum punishment of imprisonment for a term of six months; and

(b) in any other case, to imprisonment for a term not exceeding five years.

Contact Farjoud Law –  Criminal Organization Lawyer

If you or someone you care about has been charged with drug possession offence, it is in your best interests to speak directly to a criminal defence lawyer in North York, Toronto to find out your rights and get your questions answered. Call Farjoud Law now at (647) 606-6776 to speak with a criminal lawyer to discuss your matter. We are available 24 hours a day, 7 days a week.

Farjoud Law is located at 4950 Yonge Street, Suite 2200 in the neighbourhood of North York in Toronto, Ontario. Click here for directions to our law office.

Please note that this article is solely for informational purposes and should not be considered legal advice. In order to ensure the protection of your rights and interests, please consult a criminal defence lawyer prior to acting or relying upon any information.