You might have friends, acquaintances, or even family members who break the law. Can you be held responsible for their crimes yourself?
Guilty By Association: What Is It?
In legal terms, “guilty by association” refers to the notion that a person can be considered guilty of a crime merely because they associate with someone who has committed that crime, regardless of whether they actually participated in the crime or not.
This concept can be particularly troubling because it implies guilt based on proximity rather than actual participation in criminal activity.
Examples Of Scenarios Where Someone Might Be Accused Of Guilt By Association
- Socializing with Known Criminals: If you regularly associate with individuals who have a criminal record or are involved in illegal activities, you may be viewed with suspicion by law enforcement.
- Being Present at a Crime Scene: Simply being in the vicinity of a crime when it occurs can lead to accusations of guilt by association, even if you had no involvement in the illegal activity.
- Using Shared Resources: If you share living quarters, vehicles, or financial resources with someone who is involved in criminal behaviour, you could be implicated by association.
- Online Associations: In today’s digital age, online connections can also lead to accusations of guilt by association. Sharing social media connections or participating in online forums with individuals involved in criminal activity could raise suspicion.
- Family Ties: Being related to someone who has committed a crime can also result in accusations of guilt by association. Family members of individuals involved in criminal activity may face increased scrutiny from law enforcement and society.
Can You Be Found Guilty Of It?
In Canada, no one is guilty by association! When you are accused of a crime because of association, evidence must exist of actual involvement to be prosecuted. If you only know the person, then no crime has been committed.
- Supreme Court Rulings: The Supreme Court of Canada has determined that the mere presence of an accused at the scene of a crime does not prove culpable participation in its commission. For instance, in R v Jackson (2007), the court held that merely being in the company of someone who grows cannabis does not make you a party to the offence. Similarly, in R v Blair (2008), the court found that having siblings convicted of firearms offences does not implicate the accused in those crimes.
- Being Present When A Crime Is Committed: Just being on the scene when someone commits a crime is not enough for you to be accused of the crime. Nor does being present while someone commits a crime necessarily mean that you are encouraging the other person to commit it. However, advising, encouraging, or helping someone commit a crime is itself a crime.
- Helping Someone Commit A Crime: If you help someone commit a crime, the law says that you also committed it. This can include actions such as acting as a “lookout” while someone else commits a crime.
- Responsibility For The Actions Of Others: When you commit a crime with other people, you can also be held responsible for what they do and be accused of the same thing.
- Planning A Crime With Others (Aka Conspiracy): Criminal Conspiracy arises when three or more people associate for the purpose of committing several crimes. If you get together with people to plan to commit a crime, you could be charged with a crime, even if nothing was actually done after the planning stage.
- Organized Crime: A “criminal organization” is an organized group of three or more people who intend to commit one or more serious crimes (like robbery or drug trafficking) to make money. If you participate in the activities of a criminal organization, you’re committing a crime even if what you do is not illegal.
But Beware! Association Can Have Some Legal Consequences
Although being associated with someone who has committed a crime does not automatically make you guilty, it can still have serious repercussions.
- Legal Consequences: In R v Arnold (2023), the court held that while no one should ever be found guilty by association, the company one keeps can offer some reasonable basis for belief that a common shared activity or enterprise is likely being jointly engaged in amongst known drug sellers and/or consumers.
How Can We Help?
While you cannot be found guilty by association alone in Canada, your associations can still lead to legal scrutiny and potential consequences. Always be mindful of the company you keep and the activities you engage in.
If you get arrested for someone else’s crime, do not wait to seek legal help! The consequences of these accusations can be severe and it is essential know your rights. Having experienced legal representation on your side is crucial. Our team at Collett Read LLP specializes in defending criminal charges. Call us at (905) 541-2228 for a free consultation OR fill out our online intake form at the following link: About The Law Firm | Collett Read LLP | Criminal Lawyers