Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Participation in activities of criminal organization

• 467.11 (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

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

• 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.