section 467.14

INTRODUCTION AND BRIEF DESCRIPTION

A sentence for a specific offence must be served after any other punishments for related offences.

SECTION WORDING

467.14 A sentence imposed on a person for an offence under section 467.11, 467.12 or 467.13 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

EXPLANATION

Section 467.14 of the Criminal Code of Canada deals with the imposition of consecutive sentences for persons found guilty of offences under sections 467.11, 467.12, or 467.13 of the Code. These sections relate to offences such as participating in a criminal organization, committing an offence for a criminal organization, or instructing someone to commit an offence for a criminal organization. The section specifies that any sentence imposed on a person for such an offence should be served consecutively to any other punishment imposed on the person for an offence arising from the same event or series of events. This means that if a person is found guilty of a criminal organization-related offence and also of another crime relating to the same events, the sentences for both offences must be served one after the other, rather than concurrently. Similarly, if a person is already serving a sentence for another offence at the time they are sentenced for a criminal organization-related offence, the sentence for the new offence must be served consecutively to the existing sentence. This ensures that the person faces the full consequences of their actions and does not receive a lighter punishment simply because they are already serving time for another crime. Overall, Section 467.14 of the Criminal Code of Canada is aimed at deterring individuals from participating in criminal organizations and ensuring that those who do face the full consequences of their actions. The provision emphasizes that individuals who engage in criminal activities, especially in the context of a criminal organization, will face the full force of the law and cannot escape punishment by serving multiple sentences concurrently.

COMMENTARY

Section 467.14 of the Criminal Code of Canada is an important provision in the Canadian legal system that deals with the sentencing for offences related to organized crime. The section mandates that any person convicted of an offence under section 467.11, 467.12 or 467.13 must serve their sentence consecutively to any other punishment they may be serving for an offence that arises out of the same event or series of events. The purpose of this provision is to ensure that the penalty for organized crime is more severe than that of other criminal activities. Organized crime is recognized as a serious threat to the safety and security of Canadian society. It is a criminal activity that is committed by groups of individuals who engage in criminal activities with a purpose of gaining power, influence and financial gain. The crimes committed by these groups include drug trafficking, firearms trafficking, human trafficking, and money laundering, among others. The activities of organized crime groups can cause serious harm to individuals and communities, and pose a significant challenge to the justice system. The seriousness of organized crime demands a proportional and meaningful response from the justice system. Section 467.14 of the Criminal Code of Canada is one of the measures aimed at ensuring that the punishment fits the crime. By mandating consecutive sentences for organized crime-related offences, the provision sends a strong message to both offenders and the public that this type of criminal activity will not be tolerated. The provision also recognizes that organized crime offenders often engage in multiple criminal activities that are interrelated. For instance, a person involved in drug trafficking may also be involved in money laundering. Therefore, the provision ensures that an offender is held accountable for all their criminal activities that arise out of the same series of events. This approach ensures that offenders are not able to escape punishment for all their criminal activities by pleading guilty to one offense while escaping punishment for others. The provision is also important in the fight against recidivism. Reoffending is a significant challenge in the Canadian criminal justice system, and repeat offenders are often involved in multiple types of criminal activities. Therefore, by mandating consecutive sentences for organized crime-related offences, the provision ensures that offenders are held accountable for all their criminal activities. This approach increases the likelihood that the offender will be deterred from future criminal activities, reducing the overall levels of crime in the community. In conclusion, section 467.14 of the Criminal Code of Canada is a necessary provision in the Canadian legal system that deals with offences related to organized crime. The provision mandates that offenders convicted of an offence under section 467.11, 467.12 or 467.13 must serve their sentence consecutively to any other punishment imposed for an offence that arises out of the same event or series of events. This approach ensures that offenders are held accountable for all their criminal activities and sends a clear message that organized crime will not be tolerated in Canadian society.

STRATEGY

Section 467.14 of the Criminal Code of Canada mandates that any sentence imposed on an individual for an offence under section 467.11, 467.12, or 467.13 should be served consecutively to any other punishment imposed on the individual for an offence arising out of the same event or series of events and to any other sentence to which the individual is subject at the time the sentence is imposed on them for an offence under any of the sections mentioned. This section requires strategic considerations in dealing with offences related to organized crime, specifically offences related to participation in, association with, and commission of activities related to a criminal organization. One of the key strategic considerations is to avoid being convicted of an offence under section 467.11, 467.12, or 467.13 altogether to avoid the mandatory consecutive sentence. Thus, it is essential to understand the elements of these offences and to ensure that you and your associates do not participate in any activities that may potentially violate these provisions of the Criminal Code. Another strategy is to avoid being charged with an offence arising out of the same event or series of events as the offence under section 467.11, 467.12, or 467.13. This would involve avoiding any association with criminal activities that may potentially lead to multiple charges, including charges under the organized crime provisions of the Criminal Code. By avoiding charges arising out of the same event or series of events, an individual may be able to avoid the mandatory consecutive sentence under section 467.14. Alternatively, an individual may strategize to consolidate all pending charges and offences into a single trial to ensure that they receive concurrent sentences. This means that the sentences for all the offences would be served simultaneously, reducing the amount of time the individual must serve in prison. However, this strategy is only viable if the Crown is willing to consent to the consolidation of charges and offences. Another strategy is to cooperate with law enforcement and provide significant assistance in their investigations and prosecutions of other individuals involved in organized crime. By providing substantial assistance, an individual may be able to mitigate their sentence or receive immunity from prosecution for certain offences. This strategy may be particularly useful if an individual is already facing charges under section 467.11, 467.12, or 467.13 as it may reduce the mandatory consecutive sentence required under section 467.14. Lastly, an individual can challenge the constitutionality or the application of section 467.14 if they believe that it is an unjust or arbitrary law. However, successful challenges of a law's constitutionality are rare, and it is crucial to consult with experienced criminal lawyers before pursuing this strategy. In conclusion, section 467.14 of the Criminal Code of Canada mandates a consecutive sentence for offences related to organized crime. It is essential to consider the strategic options available, such as avoiding convictions under these provisions, consolidating charges and offences, cooperating with law enforcement, or challenging the constitutionality of the law. Individual circumstances will differ, and it is paramount that legal advice is sought before pursuing any strategy to deal with section 467.14.