What is a Criminal Organization?

(1) The following definitions apply in this Act. Criminal organization means a group, however organized, that;

  • (a) is composed of three or more persons in or outside Canada; and

  • (b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

It does not include a group of persons that forms randomly for the immediate commission of a single offence. (organisation criminelle)

serious offence means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation. (infraction grave)

Facilitation

(2) For the purposes of this section, section 467.11 and 467.111, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

Commission of offence

(3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.

Regulations

(4) The Governor in Council may make regulations prescribing offences that are included in the definition serious offence in subsection (1).

(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.

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.

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