Criminal Code of Canada - section 467.13(2)

section 467.13(2)

INTRODUCTION AND BRIEF DESCRIPTION

The prosecutor does not have to prove that a separate offense was committed, that the accused instructed someone else to commit an offense, or that the accused knew the identity of all members of the criminal organization in a prosecution for an offense under subsection 1.

SECTION WORDING

467.13(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.

EXPLANATION

Section 467.13(2) of the Criminal Code of Canada deals with prosecution for offences under subsection (1), which deals with participating in or contributing to the activities of a criminal organization. In such prosecutions, the section states that it is not necessary for the prosecutor to prove certain things. Firstly, the prosecutor need not prove that an offence other than the offence under subsection (1) was actually committed. This means that the prosecution can focus solely on the accused's involvement in the criminal organization, without having to prove that the organization actually committed any specific criminal act. Secondly, the prosecutor need not prove that the accused instructed a particular person to commit an offence. This means that the prosecution can still go forward even if the accused did not give explicit instructions to any members of the criminal organization to commit a specific crime. Lastly, the prosecutor need not prove that the accused knew the identity of all of the persons who constitute the criminal organization. This means that the prosecution can still proceed even if the accused did not know all of the members of the organization, and even if the organization may have had changing membership over time. Overall, this section of the Criminal Code of Canada is designed to make it easier for prosecutors to secure convictions in cases involving criminal organizations, by removing certain evidentiary burdens that may otherwise have made it more difficult to build a case against an accused person.

COMMENTARY

Section 467.13(2) of the Criminal Code of Canada pertains to the prosecution of an individual for an offence under subsection (1) of the same section, which concerns the participation in activities of a criminal organization. This provision states that it is not necessary for the prosecutor to establish certain elements in such cases, namely that an offence other than the one specified in the section was committed, that the accused instructed a particular individual to commit the offence, or that the accused knew all the members of the criminal organization. The inclusion of this provision in the Criminal Code of Canada reflects the recognition of the complexities involved in investigating and prosecuting individuals who are involved in criminal organizations. Prosecutors need to overcome a number of hurdles when trying to hold such individuals accountable, and the absence of the elements prescribed by this provision is intended to facilitate their job in this regard. One of the challenges that prosecutors face when dealing with individuals who are associated with criminal organizations is proving that they participated in the criminal activities of the organization. This may be difficult to establish in cases where the accused is not directly involved in the commission of the crime, but provides support or assistance to others who do. In such cases, this provision allows prosecutors to establish guilt without having to prove that the accused committed an offence other than the one specified in the section. This can be crucial in ensuring that those involved in criminal organizations are held accountable for their actions. Another challenge that prosecutors face in these cases is proving that the accused instructed a particular person to commit an offence. Such instructions are often communicated through coded language or conveyed indirectly, making it difficult to obtain tangible evidence of such instructions. This provision removes the requirement to prove such instructions, instead focusing on the accused's participation in the activities of the criminal organization. As a result, prosecutors can more easily establish the accused's involvement in the criminal activities of the organization. Finally, the provision also acknowledges the difficulty involved in identifying all members of a criminal organization. In cases where the accused's involvement in the organization is established, it may be unnecessary to identify all members of the organization. This provision allows for this and permits prosecutors to focus on holding the accused accountable for their participation in the organization, rather than dwelling on the identification of other members. In conclusion, Section 467.13(2) of the Criminal Code of Canada is a crucial provision that facilitates the prosecution of individuals involved in criminal organizations. It acknowledges the complexities involved in such cases and provides prosecutors with the necessary tools to hold individuals who participate in the activities of such organizations accountable for their actions. By removing certain requirements for the prosecution of such cases, this provision ensures that justice is served and criminal organizations are disrupted and dismantled.

STRATEGY

Section 467.13(2) of the Criminal Code of Canada is a provision that carries significant implications for law enforcement and prosecution agencies in Canada. This provision shifts the burden of proof onto the accused party, making it easier for the prosecution to secure a conviction for offences related to organized crime. One of the main strategic considerations when dealing with this section of the Criminal Code is the type of evidence that is required to secure a conviction. Since the prosecution does not need to prove that an offence other than the one under subsection (1) was committed, they can focus on building a strong case based on the accused's involvement in the criminal organization itself. This could involve gathering evidence related to the accused's communication with known members of the organization, financial transactions, or any other activities that suggest their involvement. Another strategic consideration is the nature of the accused's involvement in the criminal organization. Since the prosecution does not need to prove that the accused instructed a particular person to commit an offence, it is easier to secure a conviction for participants in the criminal organization who may not have directly taken part in the criminal activity. For example, someone who acted as a lookout or a driver for a criminal group could be convicted under this provision, even if they did not engage in the criminal activity itself. Given these strategic considerations, the prosecution could employ various strategies to secure a conviction under this section of the Criminal Code. One possible strategy would be to use evidence related to the accused's involvement in the criminal organization to demonstrate that they had knowledge of the organization's criminal activities. This could involve gathering evidence related to the accused's communication with known members of the organization, financial transactions, or any other activities that suggest their involvement. Another strategy that could be employed would be to focus on the structure and activities of the criminal organization itself. By demonstrating the scope and nature of the criminal organization's activities, the prosecution could make a case that the accused must have known about the organization's criminal activities and was therefore complicit in them. In conclusion, Section 467.13(2) of the Criminal Code of Canada is a provision that carries significant implications for law enforcement and prosecution agencies in Canada. To secure a conviction under this provision, the prosecution must focus on building a strong case based on the accused's involvement in the criminal organization and their knowledge of its activities. By employing various strategies related to these considerations, the prosecution can increase its chances of securing a conviction under this provision.