Conspiracy Lawyer In Toronto
A conspiracy charge is a serious offence in Canadian law, involving an agreement between two or more people to commit a crime. The severity of a conspiracy charge depends on the underlying offence. For example, conspiring to commit a minor crime, such as theft, may result in a summary conviction with a sentence of up to two years less than a day. In contrast, conspiracy to commit a serious crime, such as murder, carries the possibility of life imprisonment.
Under Canadian federal law, conspiracy charges can apply to almost any criminal offence, including those outlined in the Criminal Code of Canada and the Controlled Drugs and Substances Act. These cases are often complex, as proving conspiracy requires showing that an agreement existed to commit the crime.
Conspiracy charges in Canada are serious and complex. If you or someone you know is facing such a charge, seeking legal advice from an experienced criminal defence lawyer is essential to protect your rights.
5.0
Understanding the Offence of Conspiracy According to the Canadian Criminal Code
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.
Section 465(1)(a): Conspiracy to Commit Murder
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.
Section 465(1)(b): Conspiracy to Wrongfully Prosecute
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.
Section 465(1)(c): Conspiracy to Commit an Indictable Offence
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.
Section 465(1)(d): Conspiracy to Commit an Offence Punishable on Summary Conviction
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.
What Must the Crown Prove for a Conspiracy Conviction?
To secure a conviction for conspiracy, the Crown must prove several key elements beyond a reasonable doubt:
- Agreement Between Two or More People: There must be proof that at least two individuals agreed to commit an unlawful act.
- Intent: The Crown must show that the accused intended to enter into the agreement and knew of its unlawful purpose. This includes understanding the specific crime that is being planned, even if that crime is not ultimately carried out.
- A Common Unlawful Purpose: The parties involved must have agreed to achieve the same unlawful goal. This crime is often referred to as the “common design” or “unlawful objective.”
- Intention to Carry Out the Unlawful Purpose: The Crown must prove that the individuals intended to carry out the agreed-upon criminal act.
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.
Legal Principles in Conspiracy Cases
- Evidence of Agreement: Actions, admissions, or other evidence demonstrating an agreement to commit a crime can be used against the accused.
- Mere Knowledge Is Not Enough: Simply knowing about a criminal plan or being passively involved is insufficient to prove membership in a conspiracy. The Crown needs to prove the individual knowingly and willingly joined the agreement with the intent to achieve the unlawful goal.
- Party Liability: A person can be held accountable for aiding or abetting co-conspirators, even if they didn’t directly participate in the agreement. This means they assisted or encouraged the conspirators, knowing that a crime was being committed.
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.
Potential Defences for a Conspiracy Charge in Toronto
Lack of Agreement
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.
Absence of Intent
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.
No Criminal Objective
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.
Violation of Charter Rights
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:
- Unreasonable search and seizure (Section 8).
- Arbitrary detention (Section 9).
- Failure to inform the accused of the reasons for arrest (Section 10).
- Denial of the right to consult legal counsel without delay (Section 10(b)).
- Unreasonable delay in trial proceedings (Section 11(b)).
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.
5.0
Penalties and Sentences for a Conspiracy Conviction
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:
- If the alleged offence carries a potential life sentence or a sentence of more than 14 years, the conspiracy charge carries a maximum of 10 years imprisonment.
- If the alleged offence carries a potential sentence of less than 14 years, the conspiracy charge carries a maximum of 5 years imprisonment.
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.
Get Experienced Legal Representation Today
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 individualised 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.
Frequently Asked Questions
What types of crimes can conspiracy charges apply to?
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.
What is the difference between conspiracy and aiding and abetting?
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.
Can I be charged with conspiracy if I backed out of the agreement?
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.
Is conspiracy a separate charge from the underlying crime?
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.
Don't Face Criminal Charges Alone
Criminal charges can have serious consequences for your freedom, reputation, and future. Get experienced legal representation from Toronto's trusted criminal defence lawyers. Contact us today at (416) 658-1818 to schedule your free consultation.
- Free initial consultation and case evaluation
- 24/7 emergency availability for arrests
- Direct lawyer contact, not paralegals
- Transparent, predictable legal fees
- Defence of your Charter rights
- Complete confidentiality and discretion
