View source for Money Laundering (Offence)

{{LevelZero}}{{HeaderOffences}}

{{OffenceBox |OffenceTitle=Money Laundering|OffencePage=Money Laundering|Section=462.31|Act={{OBCCC}} |CrownElection= {{OBHybridElection}} |Jurisdiction={{OBJurisdictionAll}} |Bail={{OBBailAll}} |SummaryDisp= {{OBDispAll}} |SummaryMin= {{OBMinNone}}  |SummaryMax= {{OBSConviction}} |IndictableDisp= {{OBDispSame}} |IndictableMin= {{OBMinNone}} |IndictableMax= {{OBTime|10 years}} }}

==Overview==
{{OverviewXII.2|money laundering}}

'''Pleadings'''<br>
{{PleadingsHeader}}
{{PleadingsHybridList|s. 462.3 [money laundering] | Yes  | {{YesIfCrown}} }}
{{PleadingsEnd}}
{{PleadingsHybridElection|s. 462.31}}

'''Release'''<Br>
{{ReleaseAllOptions|s. 462.31}}

{{ReverseOnusCirc}}

'''Publication Bans'''<br>
{{GeneralPubBan}}

'''Offence Designations'''<br>
{{WiretapDesignation|s. 462.31}}

{{SeeBelowForAncillary}}

==Offence Wording==
{{quotation|
'''Laundering proceeds of crime'''<br>
462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
:(a) the commission in Canada of a designated offence; or
:(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

'''Punishment'''<br>
(2) Every one who commits an offence under subsection (1)
:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
:(b) is guilty of an offence punishable on summary conviction.

'''Exception'''<br>
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
<br>
R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, s. 28; 2001, c. 32, s. 13; 2005, c. 44, s. 2(F).
|[http://canlii.ca/t/7vf2#sec462.31 CCC]
}}

{{quotation|
462.33<br>...<br>
'''Offence'''<br>
(11) Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
<br>
R.S., 1985, c. 42 (4th Supp.), s. 2; 1993, c. 37, s. 21; 1996, c. 16, s. 60; 1997, c. 18, s. 30; 2001, c. 32, s. 15; 2005, c. 44, s. 4.
|[{{CCCSec|462.33}} CCC]
}}

==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|money laundering|462.31}}<ref>R v Tan Tien Nguyen, [http://canlii.ca/t/fw001 2013 ONSC 605] (CanLII) at para 315<br>
R v Bailey, [http://canlii.ca/t/g6x7w 2014 ABPC 103] (CanLII), at para 454<br>
</ref>
{{InitialElements}}
# the culprit "uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with" the subject matter of the offence;
# the subject matter is "any property or any proceeds of any property obtained or derived directly or indirectly as a result of"
##the commission in Canada of an enterprise crime offence or an offence; or 
##an act or omission anywhere that, it had occurred in Canada, would have constituted an enterprise crime offence or an offence 
# the offence is a "designated offence";
# the culprit had an intent to conceal or convert the property or proceeds; and
# the culprit knows or believes "that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of" the "commission in Canada of a designated offence" or "act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence".

{{ElementEnd}}
{{reflist|2}}

==Interpretation of the Offence==
The ''mens rea'' requires a belief or knowledge that the proceeds were derived from the commission of a crime.<ref>
R v Tan Tien Nguyen, [http://canlii.ca/t/fw001 2013 ONSC 605] (CanLII) at para 316<br>
See R v Tejani, [http://canlii.ca/t/1f9lq 1999 CanLII 3765] (ON CA)<br>
</ref>
However, it is not necessary that they know the ''exact'' origin, only that they know the ''type'' of crime it is from.<ref>
Tan Tien Nguyen at para 317<br>
</ref>

The knowledge element of the offence can be made out by wilful blindness.<ref>
Bailey at para 473<br>
</reF>

'''"Designated Offence"'''<br>
{{seealso|Forfeiture of Proceeds of Crime#Designated Offence Defined}}

{{reflist|2}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

'''Testimonial Aids'''<br>
{{3rdPTestimonyAids}}

'''On Finding of Guilt'''<br>
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{{606Notice5Y|XX}}
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{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

'''Maximum Penalties'''<br>
{{SProfileMaxHeader}}
{{SProfileMax|s. 462.31 | Summary Election| {{summaryconviction}} }}
{{SProfileMax|s. 462.31 | Indictable Election| 10 years custody }}
{{SProfileEnd}}
{{MaxPenaltyHybrid|s. 462.31|'''10 years incarceration'''|'''{{summaryconviction}}'''}}

'''Minimum Penalties'''<br>
{{NoMinimumPenalties}}

'''Available Dispositions'''<br>
{{SProfileAvailHeader}}
|s. 462.31 || any || {{SProfileAll}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable}}

'''Consecutive Sentences'''<Br>
{{NoConsecutive}}

===Principles===

===Ranges===
{{seealsoRanges|Money Laundering}}

==Ancillary Sentencing Orders==
'''Offence-related Orders'''
{{AOrderHeader}}

{{AOrder1| [[DNA Orders]] |s. 462.31 |
* {{SecondDNA(AorB)Hybrid|s. 462.31}} }}

{{AOrderEnd}}


'''General Sentencing Orders'''
{{GeneralSentencingOrders}}

'''General Forfeiture Orders'''
{{GeneralForfeitureOrders}}

==History==
{{seealso|List of Criminal Code Amendments}}

===2001 to 2005===
{{quotation|
'''Laundering proceeds of crime'''<Br>
462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
:(a) the commission in Canada of a designated offence; or
:(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

'''Punishment'''<br>
(2) Every one who commits an offence under subsection (1)
:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
:(b) is guilty of an offence punishable on summary conviction.

'''Exception'''<br>
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
<Br>
R.S., 1985, c. 42 (4th Supp.), s. 2; 1996, c. 19, s. 70; 1997, c. 18, s. 28; 2001, c. 32, s. 13.
|[http://canlii.ca/t/hzb8#sec462.31 CCC]
}}

==See Also==
'''Related Offences'''<br>
* [[Possession of Stolen Property (Offence)]]

'''References'''
* [[Pre-Trial and Trial Motions Checklist]]

[[Category:Offences Punishable on Summary Conviction]]
[[Category:Offences with Maximum Penalty of 10 Years]]