Criminal Organizations

This page was last substantively updated or reviewed January 2018. (Rev. # 95384)

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General Principles

A criminal organization is defined in s. 467.1 of the Criminal Code:

467.1 (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. ...
[omitted (2), (3) and (4)]
1997, c. 23, s. 11; 2001, c. 32, s. 27; 2014, c. 17, s. 8.

– CCC (CanLII), (DOJ)

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Purpose of Legislation

The purpose of the criminal organization provisions is to "identify and undermine groups of three or more persons that pose an elevated threat to society due to the ongoing and organized association of their members."

Sections 467.1 and 467.12 do not violate s. 7 of the Charter for being vague or overbroad.

s. 2
...
"criminal organization" has the same meaning as in subsection 467.1(1) [definitions re criminal organizations];
...
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1; 2022, c. 17, s. 1.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Dangers of Criminal Organizations

Criminal organizations are dangerous as collective action "carries with it advantages to criminals". It allows them to "develo[p] specializations and dividing labour... fostering trust and loyalty ...sharing customers, financial resources, and insider knowledge... and, in some circumstances, develo[p] a reputation for violence."

The organization benefits to offenders as they can "acquire a level of sophistication and expertise that poses an enhanced threat to the surrounding community."

Criminal Organization Offence

2 In this Act,
...
"criminal organization offence" means

(a) an offence under section 467.11 [participation in activities of criminal organization], 467.111 [recruitment of members by a criminal organization], 467.12 [commission of offence for criminal organization] or 467.13 [instructing commission of offence for criminal organization], or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

...

[annotation(s) added] R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1; 2022, c. 17, s. 1.

– CCC (CanLII), (DOJ)

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"serious offence"

2 In this Act,
...
"serious offence" has the same meaning as in subsection 467.1(1) [definitions re criminal organizations];
...
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1; 2022, c. 17, s. 1.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Definitions

467.1 (1) The following definitions apply in this Act.
...
"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.
[omitted (2) and (3)]

Regulations

(4) The Governor in Council may make regulations prescribing offences that are included in the definition “serious offence” in subsection (1) [definitions re criminal organizations].
1997, c. 23, s. 11; 2001, c. 32, s. 27; 2014, c. 17, s. 8.
[annotation(s) added]

– CCC (CanLII), (DOJ)

---

History

The provisions relating to criminal organizations was first brought in 1997. The definition proved too narrow and so were expanded in 2001.

Proof of Criminal Organization (Evidence)

Evidence must establish that the group is a criminal organization. It must be established on a case-by-case basis.

Courts must take a flexible approach, considering that criminal organizations "have no incentive to conform to any formal structure."

Indicia of Organization

Stereotypical features including territoriality, hierarchy, exclusive membership and violence are indicia but are not necessary.

When considering structure of the organization, Courts should not be limited "to the stereotypical model of organized crime."

Factors to consider whether the group is a criminal organization include:

1. rules between the men,
2. defined roles and structure,
3. communication between the participants,
4. actual or pending material benefit to the parties,
5. an organizational structure that promotes the commission of offences.

Continuity

Continuity will not exist where the criminal enterprise appears only to exist for the purpose of accomplishing a single scheme.

Flexible Approach

The courts should not be rigid in applying the definition and must use a purposive approach. Criminal organizations have no incentive to have a formal structure and tend to be flexible. However, "some form of structure and degree of continuity are required."

There must be at least some "structure", "degree of continuity" and "coordination."

Disclosure

When a charge is alleging "criminal organizations" the accused is entitled to the particulars of the identity of the criminal organization and its members. The judge may order the Crown to set out the theory of its case detailing this.

The definition can also apply to small drug operations where there is "division of labour, temporal continuity, and an intention to advance illegal goals through the organization.

The meaning of "criminal organization" can also apply to conventional "street gangs." The issue will depend on the degree of organizaiton.

Types of Evidence

Crown is permitted to adduce evidence of a co-accused's guilty pleas to various criminal offences, except for "criminal organization" offences.

Propensity Evidence

General propensity evidence that would otherwise be inadmissible would be admissible for the purpose of establishing a criminal organization.

Dual Purpose Organizations

The purpose of the group does not have to have a primarily or exclusively criminal. There is little purpose is "measuring" the proportion of legitimate vs criminal activity since there is usually not good book-keeping for criminal activity.

Effect

Several offences require there is a criminal organization:

1. Enhancing a criminal organization (s. 467.11)
2. Committing for the benefit of a criminal organization (s.467.12)
3. Instruct the commission of an offence for a criminal organization (s.467.13)

Others are modified by the existence of a criminal organization:

1. Conspiracy (s.465)
2. Counselling (s.22)
3. Accessory after the fact (s.23)
4. Possessing explosives for a criminal organization (s.82(2))
5. Intimidating the justice system and journalists (s.423.1)

Where an offence is found to be a criminal organization offence (s.2):

• the penalties will be consecutive (s.467.14)
• the wiretap powers are expanded
• there is a reverse onus on bail (s. 515(6)(a)(ii)
• presumption of 1st degree murder in a murder charge (s.231(6.1))

Participating in Organized Crime

• Participating in a Criminal Organization (Offence)

See Also

• Conspiracy (Offence)
• Liability of Organizations