Criminal Organization Offences
The Criminal Code of Canada defines organized crime as a group of three or more people in or outside of Canada whose primary goal is to commit or facilitate a serious crime that is likely to result in financial gain. As a result, many illegal actions can be classified as organized crime if at least three people are involved.
To secure a conviction for any offence related to organized crime, the prosecution must demonstrate the existence and membership of a “criminal organization” with a formal structure and a degree of continuity. As a result, the courts have given a broad interpretation of what it means to be organized. Any of the following can be considered evidence that a group is a “criminal organization”:
- If they use a name, word, symbol, or other representation that identifies the criminal organization;
- If they frequently associate with any of the persons who constitute the criminal organization;
- If they receive any type of benefit from the criminal organization.
This list is not exhaustive – the courts may also take additional factors into consideration when determining whether a person participates in, or actively contributes to, any activity of a criminal organization.
When it comes to sentencing, any further Criminal Code terms imposed on a member of a criminal organization must be served consecutively with the convictions related to the criminal organization counts. There are also sections in the Criminal Code that through which related charges can be applied, such as conspiracy, aiding and abetting, and counselling someone to commit a crime.
Criminal Conspiracy Offences
A Conspiracy occurs when there is an agreement between two or more parties to commit a criminal offence. The prosecution must prove that the defendants had a meeting of the minds over a common goal to commit an illegal act.
To secure a conviction for conspiracy, the prosecution must prove beyond a reasonable doubt that:
- An agreement was reached between two or more people.
- The parties intended and agreed to work together to implement a common design to achieve a goal.
The agreement of two or more people is an essential ingredient of a conspiracy. There are two types of agreements: explicit and implicit. All parties must work together to obtain a single criminal goal, and all participants must be aware of the goal and the agreement to achieve it.
Drug cases utilizing advanced investigation tactics such as wiretaps and/or other electronic monitoring frequently result in conspiracy accusations. To fight against a conspiracy allegation, you will need a lawyer who not only understands the specifics of the case, but also the dynamics that underpin sophisticated investigation tactics like wiretaps.
Securing Bail for Criminal Organization and Conspiracy Offences
Even in the most challenging cases, our law firm knows what it takes to secure bail in Toronto. We can promptly analyze the allegations and put together a persuasive plan to obtain your release because of our years of experience working in criminal law. Because conspiracy and criminal organization cases are inherently severe, it’s critical to look into the allegations and find any flaws in the Crown’s case.
We will put together a good bail strategy and effectively argue for your release in front of the Bail Court. If the Crown refuses to agree to your release, we will fight for your freedom at a contested bail hearing. We think that everyone, including those facing serious allegations, has the right to liberty when presumed innocent.
Bail hearings are legal court proceedings; if you are unfamiliar with the court system, your bail hearing may not go according to plan, and you may not receive the intended outcome. As a result, we do not advise anyone to represent themselves. Instead, the best way to get bail is to hire a reputable, respected, and devoted Toronto criminal defence lawyer.
A Strong Defence
You could face significant consequences if you are convicted of criminal organization or conspiracy charges. If you are charged with any of these crimes, you should immediately contact a reputable criminal defence firm like Karapancev Law. Mr. Karapancev has extensive experience defending clients accused of serious criminal offences throughout Ontario, including Toronto, Brampton, and Newmarket.