Conspiracies and Criminal Organizations in Drug Prosecutions

• Author: Nathan Gorham/Jeremy Streeter/Breana Vandebeek
• Pages: 231-247



Conspiracies

and Criminal

Organizations

in Drug

Prosecutions

11

I. Introduction ............................................. 232

II. Conspiracies ............................................. 232

A. Conspiracy Dened .................................. 232

B. The Essential Elements of a Conspiracy Oence .......... 

C. Issues of Proof in Conspiracy Prosecutions ............... 

D. Practical Considerations .............................. 

III. Criminal Organization Oences ............................. 

A. Criminal Organizations Dened ........................ 

B. Specic Criminal Organization Oences ................. 

C. Proving the Existence of a Criminal Organization .......... 

© 2024 Emond Montgomery Publications. All Rights Reserved.

2 Prosecuting and Defending Drug Cases

I. Introduction

The illicit drug trade oers lucrative financial rewards because the profit margins in

the chain of distribution are high. It also presents dangers, including the threat of

violence from rival drug trackers and the risk of being captured by law enforcement

and incarcerated. For many drug trackers, the answer to these problems is to work

together with other like-minded people to maximize profits amid the security of a

group. For these reasons, conspiracy or criminal organization oences often arise in

the context of drug distribution. This chapter examines the law of conspiracy and the

criminal organization oences defined in the Criminal Code.

II. Conspiracies

A. Conspiracy Dened

The Criminal Code includes a variety of conspiracy oences.1 Section 465(1) of the

Criminal Code defines the oence of conspiracy. Section 465 sets out the oence of

conspiracy to commit an indictable oence. This is the provision that applies to con-

spiracies to commit a drug-related oence; it reads as follows:

465(1) Except where otherwise expressly provided by law, the following provisions

apply in respect of conspiracy:

• • •

(c) every one who conspires with any one to commit an indictable oence not

provided for in paragraph (a) or (b) is guilty of an indictable oence and liable to the

same punishment as that to which an accused who is guilty of that oence would, on

conviction, be liable; and

(d) every one who conspires with any one to commit an oence punishable on

summary conviction is guilty of an oence punishable on summary conviction.

These oences can be committed while one person is in Canada and a second

person is outside Canada. Section 465(3) provides, “Every one who, while in Canada,

conspires with any one to do anything referred to in subsection (1) in a place outside

Canada that is an oence under the laws of that place shall be deemed to have con-

spired to do that thing in Canada.” Likewise, section 465(4) states, “Every one who,

while in a place outside Canada, conspires with any one to do anything referred to in

subsection(1) in Canada shall be deemed to have conspired in Canada to do that

thing.” Sections 465(5), (6), and (7) address additional issues related to jurisdiction

depending on where the accused is when they commit the conspiracy and how the

conspiracy may be prosecuted.

Under the definition of a conspiracy to commit an indictable or summary conviction

oence, conspiracy oences can include any drug oence under the Controlled Drugs

1 In ss 7(2.01), (2.1), (2.2), (2.21), (3.7), (3.71), (3.72), and (3.73); 46; 59(3); 126(2); 425; and

466.

© 2024 Emond Montgomery Publications. All Rights Reserved.