(3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among …show more content…
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. (Criminal Code - R.S.C., 1985, C-46 (Section 467.111).”
- Section 467.12: ““Commission of offence for criminal organization” (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. …. “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. (Criminal Code - R.S.C., 1985, C-46 (Section 467.12).””
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