Criminal Organization
Being convicted of an organized crime offence can lead to a lengthy prison sentence. It is important to have a professional on your side who can vigorously defend your case.
What is a criminal organization?
A criminal organization is broadly defined under Section 467.1(1) of the Criminal Code of Canada. A criminal organization means a group, however organized, that:
- Is composed of three or more persons either in or outside of Canada; and
- Has as one of its main purposes or main activities the facilitation or commissions of one or more serious offences, that if committed, would likely result in the direct or indirect receipt of a material benefit, including financial benefit by the group or any persons who constitute the group.
A criminal organization does not include a group of people that randomly form for the immediate commission of a single offence. It is only when three or more people come together to plan and commit criminal offences for their benefit that they will be considered a criminal organization, such as gangs that deal in drug trafficking. You also do not have to be an actual member; if you participate in an activity for the purpose of enhancing their ability to commit crimes or if you commit a criminal act that benefits such an organization, you can still be charged.
There are four different charges related to criminal organizations. You are prohibited from participating in activities of criminal organizations, recruiting members for a criminal organization, committing an offence for a criminal organization, or instructing people to commit offences for criminal organizations. These offences are found in section 467.11 of the Criminal Code and following.
Consequences if found guilty:
Due to the dangerous and insidious nature of organized crime, criminal organization offences are prosecuted aggressively and, in many cases, carry mandatory incarceration sentences. For participation, you could face a maximum sentence of five years in prison if the Crown proceeds by indictment or a maximum sentence of two years less a day and/or a fine of up to $5,000 if the Crown proceeds summarily. For recruitment, you could face a maximum sentence of five years as well as a minimum sentence of six months if the person is under 18 years old. Committing an offence carries a maximum sentence of 14 years in prison. The most serious consequence you could face is life in prison for instructing the commission of an offence. A lawyer can vigorously defend your case and obtain the best possible outcomes in the circumstances.
It’s vital to hire a lawyer
Being charged with organized crime offences is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how organized crime offences are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.