Many people have a general idea of what a gang is, and they may associate gangs with rough individuals. But is it illegal to join one? According to Section 467.11(1) of the Criminal Code of Canada, it is an offence to knowingly participate in or contribute to the activities of a criminal organization—whether by action or omission—if this participation enhances the organization’s ability to facilitate or commit an indictable offence.
Under Section 467.1(1) of the Criminal Code, a criminal organization is defined as “a group of three or more persons whose primary purpose is to facilitate or commit serious offences that lead to financial gain.” Section 467.11(3) provides factors courts may consider when determining if an accused has participated in or contributed to a criminal organization’s activities, including:
- The use of a name, word, or symbol that identifies or is associated with the criminal organization.
- Frequent association with members of the criminal organization.
- Receipt of any benefit from the criminal organization.
- Repeated engagement in activities at the direction of any of the organization’s members.
Moreover, Section 467.111 makes it a criminal offence to recruit individuals into a criminal organization. So, while joining a gang is not inherently illegal, if the gang qualifies as a criminal organization under the law—which is often the case—participating in its activities can lead to criminal charges.
Penalties
Under Section 467.11(1) of the Criminal Code, participating in the activities of a criminal organization can result in a prison sentence of up to five years. Similarly, Section 467.111 provides that recruiting members for a criminal organization carries a maximum penalty of five years in prison.
How Collett Read LLP Can Help
If you are facing accusations of participating in the activities of a criminal organization, the experienced criminal defence team at Collett Read LLP is ready to assist. We will thoroughly investigate the details of your case, review the evidence presented by the Crown, and build a strong defense to protect your rights. Our priority is ensuring that the legal process is fair and that your case is handled with the utmost care.
Contact us today at (905) 541-2228, or complete our intake form for a free consultation.
