Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Conspiracy in restraint of trade

• 466 (1) A conspiracy in restraint of trade is an agreement between two or more persons to do or to procure to be done any unlawful act in restraint of trade.

• Marginal note:Trade union, exception

  (2) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful within the meaning of subsection (1).

Marginal note:Saving

• 467 (1) No person shall be convicted of the offence of conspiracy by reason only that he

  • (a) refuses to work with a workman or for an employer; or

  • (b) does any act or causes any act to be done for the purpose of a trade combination, unless that act is an offence expressly punishable by law.

• Definition of trade combination

  (2) In this section, trade combination means any combination between masters or workmen or other persons for the purpose of regulating or altering the relations between masters or workmen, or the conduct of a master or workman in or in respect of his business, employment or contract of employment or service.

Marginal note:Definitions

• 467.1 (1) The following definitions apply in this Act.

  criminal organization

  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. (organisation criminelle)

  serious offence

  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. (infraction grave)

• Marginal note:Facilitation

  (2) For the purposes of this section, section 467.11 and 467.111, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

• Marginal note:Commission of offence

  (3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations prescribing offences that are included in the definition serious offence in subsection (1).

Marginal note:Participation in activities of criminal organization

• 467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Prosecution

  (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

  • (a) the criminal organization actually facilitated or committed an indictable offence;

  • (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

  • (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

  • (d) the accused knew the identity of any of the persons who constitute the criminal organization.

• Marginal note:Factors

  (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

  • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

  • (b) frequently associates with any of the persons who constitute the criminal organization;

  • (c) receives any benefit from the criminal organization; or

  • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

Marginal note:Recruitment of members by a criminal organization

467.111 Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable,

• (a) in the case where the person recruited, solicited, encouraged or invited is under 18 years of age, to imprisonment for a term not exceeding five years, and to a minimum punishment of imprisonment for a term of six months; and

• (b) in any other case, to imprisonment for a term not exceeding five years.

Marginal note:Commission of offence for criminal organization

• 467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:Prosecution

  (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

Marginal note:Instructing commission of offence for criminal organization

• 467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (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.

Marginal note:Sentences to be served consecutively

467.14 A sentence imposed on a person for an offence under section 467.11, 467.111, 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.

467.2 [Repealed, 2019, c. 25, s. 185]

PART XIVJurisdiction

General

Marginal note:Superior court of criminal jurisdiction

468 Every superior court of criminal jurisdiction has jurisdiction to try any indictable offence.

Marginal note:Court of criminal jurisdiction

469 Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than

• (a) an offence under any of the following sections:

  • (i) section 47 (treason),

  • (ii) [Repealed, 2018, c. 29, s. 61]

  • (iii) section 51 (intimidating Parliament or a legislature),

  • (iv) section 53 (inciting to mutiny),

  • (v) section 61 (seditious offences),

  • (vi) section 74 (piracy),

  • (vii) section 75 (piratical acts), or

  • (viii) section 235 (murder);

• Marginal note:Accessories

  (b) the offence of being an accessory after the fact to high treason or treason or murder;

• (c) an offence under section 119 (bribery) by the holder of a judicial office;

• Marginal note:Crimes against humanity

  (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

• Marginal note:Attempts

  (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or

• Marginal note:Conspiracy

  (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

Marginal note:Jurisdiction over person

470 Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence

• (a) if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or

• (b) if the accused has been ordered to be tried by

  • (i) that court, or

  • (ii) any other court, the jurisdiction of which has by lawful authority been transferred to that court.

Marginal note:Trial by jury compulsory

471 Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.

472 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 63]

Marginal note:Trial without jury

• 473 (1) Notwithstanding anything in this Act, an accused charged with an offence listed in section 469 may, with the consent of the accused and the Attorney General, be tried without a jury by a judge of a superior court of criminal jurisdiction.

• Marginal note:Joinder of other offences

  (1.1) Where the consent of the accused and the Attorney General is given in accordance with subsection (1), the judge of the superior court of criminal jurisdiction may order that any offence be tried by that judge in conjunction with the offence listed in section 469.

• Marginal note:Withdrawal of consent

  (2) Notwithstanding anything in this Act, where the consent of an accused and the Attorney General is given in accordance with subsection (1), that consent shall not be withdrawn unless both the accused and the Attorney General agree to the withdrawal.

Marginal note:Adjournment when no jury summoned

• 474 (1) Where the competent authority has determined that a panel of jurors is not to be summoned for a term or sittings of the court for the trial of criminal cases in any territorial division, the clerk of the court may, on the day of the opening of the term or sittings, if a judge is not present to preside over the court, adjourn the court and the business of the court to a subsequent day.

• Marginal note:Adjournment on instructions of judge

  (2) A clerk of the court for the trial of criminal cases in any territorial division may, at any time, on the instructions of the presiding judge or another judge of the court, adjourn the court and the business of the court to a subsequent day.

Marginal note:Accused absconding during trial

• 475 (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of his trial,

  • (a) he shall be deemed to have waived his right to be present at his trial, and

  • (b) the court may

    • (i) continue the trial and proceed to a judgment or verdict and, if it finds the accused guilty, impose a sentence on him in his absence, or

    • (ii) if a warrant in Form 7 is issued for the arrest of the accused, adjourn the trial to await his appearance,

    but where the trial is adjourned pursuant to subparagraph (b)(ii), the court may, at any time, continue the trial if it is satisfied that it is no longer in the interests of justice to await the appearance of the accused.

• Marginal note:Adverse inference

  (2) Where a court continues a trial pursuant to subsection (1), it may draw an inference adverse to the accused from the fact that he has absconded.

• Marginal note:Accused not entitled to re-opening

  (3) Where an accused reappears at his trial that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the court is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the proceedings.

• Marginal note:Counsel for accused may continue to act

  (4) Where an accused has absconded during the course of his trial and the court continues the trial, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.