Canadian Criminal Law/Criminal Organization

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

Proof of Criminal Organization
Evidence must establish that the group is a criminal organization. It must be established on a case-by-case basis. Proof of direct control of the organization is a high standard.

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.

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".

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))