Exam (elaborations)
LLCU 213 EXAM LATEST UPDATE
- Course
- Institution
LLCU 213 EXAM LATEST UPDATE ...
[Show more]
Content preview
LLCU 213 EXAM LATESTUPDATE
Bill C-95 - Answer The federal government introduced the anti-gang legislation in 1997
on the even of a national election to respond to a plea by the Quebec Attorney General
for measures to address the biker war between the Rock Machine and the Hells Angels
The murder of an 11 year-old boy (1995) triggered the introduction of this legislation
The attempted murder of a crime reporter (2000) forced the amendment
Bill C-22 - Answer Also in 1997, Bill C-22 created an agency to combat money laundering
Bill C-22, which was renamed the Proceeds of Crime (money laundering) and Terrorist
Financing Ac (PCMLTA) establishing FINTRAC
the new offence created by C-95 - Answer participation in a criminal organization.
Criminal organization meant any group association or other body consisting of five or
more persons, whether formally or informally organized and meet two requirements: (1)
Have as one of its primary activities the commission of an indictable offence under this
or any other Act of Parliament for which the maximum punishment is imprisonment for 5
years or more (2) Any or all of the members of which engage in or have, within the
preceding five years, engaged in the commission of a series of such offences
(5-5-5 legislation)
Bill c-24 - Answer In 2001, the definition of criminal organization was amended in Bill
C-24. according to the government at the time, the definition was "too complex and too
narrow in scope" the existing definition was amended in three ways by: Reducing the
number of people required to constitute a criminal organization from 5 to 3; Removing
the requirement that at least one of the members be involved in committing crimes for
the organization within the past five years Extending the scope of offence which defines
criminal organizations, previously limited to indictable offences punishable by five years
or more, to all serious crimes The criminal code expressly provides that criminal
organization will not mean a group of persons that forms randomly for the immediate
commission of a single offence
Section 467.11 - Answer This creates the least serious of the criminal organization
offences, making it an offence to participate in or contribute to any activity of the
criminal organization for the purpose of enhancing the ability of a criminal organization
to facilitate or commit an indictable offence
section 467.12 - Answer Section 467.12 creates another of the three special criminal
, organization offences; that of committing an indictable offence for the benefit of, at the
direction of, or in association with a criminal organization
section 467.13 - Answer Creates the most serious of the three offences, apparently
aimed at the leaders of the criminal organizations. This section makes it an offence for a
member of the organization to knowingly instruct any person to commit an offence for
the benefit of, at the direction of, or in association with a criminal organization
membership - Answer Membership in a criminal organization is not an offence.
When the 1997 and 2001 Bills were introduced in Parliament, the then Ministers of
Justice made particular note of this and explained that such an offence would be
difficult to prove and would be vulnerable to a constitutional challenge
During the standing committee on justice and human rights consideration of the 2001
bill, the minister of justice Anne McLellan explained that in reviewing other countries
around the world, it appeared that only one country had taken the approach to
criminalize simple membership in criminal organizations
The Italian approach (the crime of associating)
the Italian approach (crime of association) - Answer membership = criminal
constitutional challenges of s. 467. 1 - Answer considered by a Quebec Superior Court
in the R v. Carrier.
ruling: the court ruled that the provision does not sanction a person for being a member
of a gang. instead, it is aimed at a person's participation in gang activities. to be found
guilty, two criteria must be established: membership in the group and furtherance of
criminal activity.
Lindsay and Bonner v The Queen - Answer was the first case to test the federal
government's 2001 anti-gang legislation, namely making it a crime to commit a serious
offence for the benefit of a criminal organization. The Ontario Supreme Court judge held
that the Hells Angels motorcycle gang is a criminal organization
More specifically, judge Fuerst was satisfied beyond a reasonable doubt that Hells
Angels has - as one of its main purpose or activities - the facilitation of one or more
serious offences that would likely result in the receipt of a financial benefit by its
members, in particular drug trafficking. She further stated that the concept of
"facilitation" in section 467.1(1) is broader than the actual commission of an offence
Like the concept of conspiracy, it does not require that a substantive offence actually be
committed. This is the first time that a judge declared the group, as opposed to
individuals, to be criminal. Lindsay and Bonner were two members of Hells Angles
accused of trying to extort $75,000 from a businessman and of acting in association with
an identifiable criminal group, namely the Hells Angels
The judge found that the accused persons had the requisite mens rea for extortion and
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Zayla. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78834 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now