Organized crimeVerified against official source

s. 467.11 — Participation in or contribution to activities of a criminal organization (hybrid)

Imprisonment

Indictable: 0–5 years; Summary: 0–2 years less a day (s. 787 default)

Fine

Indictable: no fine stated; Summary: $0–$5,000 (s. 787 default)

Hybrid since 2019, c. 25, s. 184 (earlier text was indictable-only). Purpose must be enhancing the organization's ability to facilitate or commit an indictable offence; the prosecution need not prove the organization actually facilitated/committed an offence, that the accused's participation actually enhanced its ability, or that the accused knew the specific offence or the members' identities (s. 467.11(2)). 'Criminal organization' and 'serious offence' are defined in s. 467.1(1): a group of 3+ persons in or outside Canada whose main purpose or activity is facilitating or committing one or more serious offences likely to yield a material benefit (excluding a group formed randomly for the immediate commission of a single offence); a serious offence is an indictable offence with a maximum of 5 years or more, or a prescribed offence.

s. 467.111(a) — Recruitment to a criminal organization, recruit under 18 (indictable only)

Imprisonment

6 months–5 years (minimum 6 months; maximum 5 years)

Fine

No fine stated in s. 467.111

Recruits, solicits, encourages, coerces or invites a person to join the criminal organization, for the purpose of enhancing its ability to facilitate or commit an indictable offence.

s. 467.111(b) — Recruitment to a criminal organization, recruit 18 or older (indictable only)

Imprisonment

0 (no mandatory prison) – 5 years (no minimum)

Fine

No fine stated in s. 467.111

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Recruits, solicits, encourages, coerces or invites a person to join the criminal organization, for the purpose of enhancing its ability to facilitate or commit an indictable offence.

s. 467.12 — Commission of an indictable offence for the benefit of, at the direction of, or in association with a criminal organization (indictable only)

Imprisonment

0 (no mandatory prison) – 14 years (no minimum)

Fine

No fine stated in s. 467.12

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

This is IN ADDITION to the penalty for the underlying indictable offence; s. 467.14 requires the s. 467.12 sentence to be served consecutively. The prosecution need not prove the accused knew the identities of the persons who constitute the organization (s. 467.12(2)).

s. 467.13 — Instructing commission of an offence for a criminal organization (indictable only)

Imprisonment

Up to life (imprisonment for life; no minimum stated)

Fine

No fine stated in s. 467.13

The accused must be one of the persons who constitute the organization and knowingly instruct, directly or indirectly, any person to commit an offence for the benefit of, at the direction of, or in association with the organization. No need to prove another offence was actually committed, that a particular person was instructed, or that the accused knew all members' identities (s. 467.13(2)). Consecutive-service rule (s. 467.14) applies.

ENHANCEMENT — s. 718.2(a)(iv) — Criminal-organization connection as sentencing aggravator

Imprisonment

No separate range — court increases sentence within the underlying offence's range

Fine

No separate range — aggravator only

ENHANCEMENT, NOT A STANDALONE OFFENCE: applies where evidence shows the offence was committed for the benefit of, at the direction of, or in association with a criminal organization. Distinct from the ss. 467.11–467.13 standalone offences. Must not be rendered as a standalone penalty card.