Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Participation in activities of criminal organization
  •  (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Prosecution

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

    • (a) the criminal organization actually facilitated or committed an indictable offence;

    • (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

    • (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

    • (d) the accused knew the identity of any of the persons who constitute the criminal organization.

  • Marginal note:Factors

    (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

    • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

    • (b) frequently associates with any of the persons who constitute the criminal organization;

    • (c) receives any benefit from the criminal organization; or

    • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27.
Marginal note:Commission of offence for criminal organization
  •  (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.

  • Marginal note:Prosecution

    (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.

  • 2001, c. 32, s. 27.
Marginal note:Instructing commission of offence for criminal organization
  •  (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.

  • Marginal note:Prosecution

    (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.

  • 2001, c. 32, s. 27.