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Conspiracy is defined as an agreement between two or more persons to commit a crime. Under Canadian law, this agreement doesn’t need to be formal or written; a mutual understanding or "meeting of the minds" to pursue unlawful conduct is enough. Section 465 of the Criminal Code of Canada is the key legislation governing conspiracy and outlines several types of conspiracy offences.
One of the most serious conspiracy offences is the act of conspiring to commit murder. Whether the murder is intended to take place in Canada or abroad, this is considered an indictable offence with severe consequences, including life imprisonment. It's also important to remember that even if the planned murder is not carried out, the act of conspiring to commit murder is a crime in itself.
This subsection makes it illegal to conspire to prosecute someone for a crime, knowing they are innocent. This is also a serious offence that carries significant penalties, depending on the nature of the wrongful prosecution.
While Section 465 deals with conspiracy in severe cases, it's important to note that simply discussing a crime doesn't amount to conspiracy. For a charge to hold, there must be a clear intent to agree on committing the crime and action taken toward that conspiracy. This charge can still apply even if the planned crime is never completed or has already been carried out.
If two or more people conspire to commit an indictable offence (a more serious crime) that is not specifically covered in sections 465(1)(a) (conspiracy to murder) or 465(1)(b) (conspiracy to prosecute someone they know is innocent), they are guilty of an indictable offence.
If individuals conspire to commit a crime that is classified as a summary offence, they can be charged and face penalties associated with summary convictions. The purpose of Section 465(1)(d) is to deter individuals from engaging in conspiratorial agreements aimed at committing lesser offences, ensuring that even agreements to commit minor crimes are subject to legal repercussions.
To secure a conviction for conspiracy, the Crown must prove several key elements beyond a reasonable doubt:
Once the burden of proof of these four elements is discharged, the conspiracy charge is considered complete. Importantly, no actual steps toward committing the crime are required for a conspiracy conviction, and the conspiracy can still be proven even if the crime was never carried out.
While "attempting to conspire" is not generally an offence, conspiracy to attempt certain crimes, such as obstructing justice, can still lead to charges. Therefore, conspiracy cases are often complex and require detailed legal scrutiny to assess all the evidence involved.
A fundamental element of a conspiracy charge is the existence of an agreement between two or more people to commit a crime. In defending against a conspiracy charge, the defence can argue that no actual agreement occurred. One party may have been pretending to agree, without any real intention of following through with the unlawful plan. If it can be shown that there was no genuine agreement to commit a crime, the conspiracy charge cannot be upheld.
For a conspiracy charge to hold, the Crown must prove that the accused had the intent to commit the crime. The defence can argue that the accused had no such intention, perhaps due to a lack of knowledge about the criminal plan or an unwillingness to participate in it. If it can be demonstrated that the accused didn’t intend to carry out the criminal activity, the conspiracy charge is weakened.
A conspiracy charge requires that the parties involved have the common goal of committing a criminal act. The defence can argue that there was no intention to pursue an illegal objective—perhaps due to a misunderstanding or confusion about the legality of the plan. If the alleged purpose wasn’t actually criminal, the conspiracy charge cannot stand.
The Canadian Charter of Rights and Freedoms specifically provides protections for individuals accused of crimes. This includes those charged with conspiracy. A defence may argue that the accused's Charter rights were violated during the investigation or arrest. Common violations include:
If the court finds that any of these rights were breached, the accused may seek to have the evidence excluded, which can significantly weaken the prosecution's case. The court may even stay the proceedings altogether. This is a more drastic remedy and is usually only granted in cases of serious Charter breaches.
Penalties for conspiracy charges in Canada vary based on the underlying crime being conspired.
Under Section 465(1)(a) of the Criminal Code of Canada, conspiracy to commit murder is one of the most serious offences, punishable by life imprisonment. This highlights the gravity of the offence, as it carries the same penalty as committing the murder itself.
For conspiracy offences other than murder, such as conspiring to wrongfully prosecute an innocent person under Section 465(1)(b), penalties can range from a summary conviction (a maximum of 2 years less a day in jail) to more severe prison terms of up to 10 years, depending on the seriousness of the crime the innocent person was accused of. For example:
Additionally, under Section 465(1)(c), conspiracies to commit other indictable offences carry penalties equivalent to the punishment for the actual offence. This covers a wide range of crimes, like theft, assault, fraud, robbery, or drug trafficking. For example, conspiring to engage in drug trafficking would attract the same sentence as if the crime had been carried out.
Finally, Section 465(1)(d) addresses conspiracies related to summary conviction offences, where the maximum penalty is 2 years less a day in jail and/or a $5,000 fine. In some instances, the penalty for conspiracy can exceed the penalty for the underlying offence, especially if the conspiracy reflects a more serious criminal intent.
Every conspiracy case is unique and fact-specific, requiring careful analysis of the details involved. The complexity of conspiracy charges can vary depending on the nature of the alleged agreement and the severity of the intended crime. This makes it crucial to seek individualized legal advice.
If you are facing conspiracy charges or are involved in a conspiracy-related legal matter, contact Pyzer Criminal Lawyers today. Our experienced legal team understands the nuances of conspiracy offences and is ready to help you build a strong defence. Don’t wait—reach out now for a confidential consultation and take the first step toward protecting your rights and securing the best possible outcome for your case.
Conspiracy can apply to almost any criminal offence under Canadian law, including serious crimes like murder, fraud, robbery, or drug trafficking. It can also apply to minor offences prosecuted as summary convictions.
Conspiracy involves agreeing to commit a crime, while aiding and abetting means helping someone else commit a crime (e.g., providing a weapon, acting as a lookout, driving the getaway car). Both can result in serious charges but are distinct offences under Canadian law.
Yes, you can still be charged with conspiracy even if you later decide not to participate in the crime. This is because the act of agreeing with another person to commit a crime is itself the offence of conspiracy. The offence is complete once an agreement is made, regardless of whether you followed through.
Yes, conspiracy is a separate offence from the crime that was planned; both have different legal elements that need to be proven. Even if the crime was not completed or was already carried out, conspiracy charges can still be laid independently.
