Toronto Conspiracy Lawyer

Introduction

Facing a Conspiracy Charge in Canada is a serious criminal matter. This article provides a summary of the law on conspiracy charges under the Criminal Code of Canada which will provide you a basic level understanding of the type of case you are facing. Your next step after developing that understanding is to seek representation, given the seriousness with which the Court system treats these matters. Contact a Toronto Conspiracy Lawyer today.

What is a Conspiracy

Conspiracy under the Criminal Code of Canada is defined as an agreement between two or more persons to commit an indictable or summary offence, or to achieve an unlawful purpose, or a lawful purpose by unlawful means. The essence of the offence lies in the agreement itself, rather than the completion of the unlawful act.

Can a Conspiracy be Inferred

The court may infer the existence of a conspiracy from circumstantial evidence. Direct evidence of a conspiracy is not required in law. The law on evidence is extremely complicated, but a Toronto Conspiracy Lawyer will be able to navigate what might, and what might not, be admissible evidence in your case.

Can a Conspiracy Occur to Planned Events Outside of Canada

The Criminal Code also addresses conspiracies that involve actions outside Canada. Section 465(3) states that anyone in Canada who conspires to commit an offence in another country, which is also an offence under the laws of that place, is deemed to have conspired to commit that offence in Canada. Similarly, section 465(4) applies to those outside Canada who conspire to commit an offence in Canada. This shows the breadth of this type of criminal offence.

What are the Penalties for Conspiracy

The potential punishments for the offence of conspiracy under the Criminal Code of Canada vary depending on the nature of the conspiracy and the specific offence involved. Consult with a Toronto Conspiracy Lawyer to understand the potential sentences you are facing based on the facts of your case.

Generally speaking, the following punishments are at stake:

• For conspiracy to commit murder, the punishment is severe, with individuals found guilty liable to a maximum term of imprisonment for life.
• If the conspiracy involves prosecuting a person for an alleged offence, knowing that they did not commit that offence, the penalties differ based on the severity of the alleged offence
• If the alleged offence is punishable by life imprisonment or a term not exceeding 14 years, the maximum penalty for conspiracy is 10 years’ imprisonment.
• If the alleged offence is punishable by less than 14 years, the maximum penalty is 5 years’ imprisonment.

For other indictable offences not specifically provided for, the punishment for conspiracy is the same as that for the substantive offence. This means that the penalty for conspiracy to commit an indictable offence will match the penalty that would apply if the offence had been committed.

What are Potential Defences to Conspiracy

Potential defences to the offence of conspiracy in Canadian law can vary depending on the specific circumstances of the case. Generally, the defences available include:

• Necessity
• Officially-induced error
• Due diligence
• Justification.

Overall, while there are several potential defences to the offence of conspiracy, the applicability of each defence will depend on the specific facts and legal context of the case. It is essential to carefully evaluate the circumstances and available evidence to determine the most appropriate defence strategy. Consult a Toronto Conspiracy Lawyer for defence avenues.

Andrew Captan – Toronto Conspiracy Lawyer

To consult with a Toronto Conspiracy Lawyer, call (647) 878 – 6355 or e-mail andrew@captanlaw.com.