Conspiracy
Conspiracy requires an agreement between at least two people to commit a crime and could lead to the same punishment imposed for the crime itself.
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Plain-Language Summary
Conspiracy: The crime of conspiracy requires an agreement between at least two people to commit an unlawful act. It can be committed in relation to almost any Criminal CodeA federal act codifying most criminal offences in Canada offenceA criminal activity. Conspiring to commit a crime could lead to the same punishment as would be imposed for the crime itself. For example, if you were convicted of conspiring to commit a murder, you could receive a lifetime prison sentence, which is the same penalty you would receive for murdering someone. Conspiracy is considered a hybrid offence covered under s.465 of the Code.
What is Conspiracy?
Conspiracy entails an agreement between two or more people to commit a criminal activity. It does not have to be a formal agreement. It just has to be proven that those involved had a mutual understanding to commit an unlawful plan.
However, merely talking about carrying out a crime does not necessarily mean there is a conspiracy. There must be an actual intention to agree to commit the crime. You must take some action to advance the conspiracy. There must also be a crime to be committed. However, the crime does not have to be carried out for you to be charged with conspiracy. The charge can also be laid in connection to a crime that has been committed.
The concept of conspiracy may sound simple enough; a person plans with others to engage in a criminal activity. However, the law can be nuanced and complex. For example, the Canadian Charter of Rights and Freedoms allows for free speech so simply talking about a crime is not a crime within itself. It will depend on how far the talk goes before it develops into a conspiracy.
What Is Needed to Convict
In order to win a conviction, the Crown must prove that you had knowledge and intent to take part in the conspiracy. It must be shown you knew the exact purpose of the agreement between the conspirators and that the objective was to commit a crime. You do not have to be involved in every stage of the conspiracy as long as the Crown can demonstrate beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you had a hand in the plan at some point. It comes down to the prosecution proving there was an agreement between co-conspirators, that you knew about it and some action occurred in carrying it out.
You may be able to argue that an agreement never existed or that you were merely talking about a crime with no intention of following through.
Treated as a summary conviction or indictable offence
Conspiracy is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., meaning the Crown can proceed with the charge as an indictable offenceA more serious type of Canadian criminal offence. or by summary convictionUsed for lesser offences depending on the crime that is being planned. Being found guilty of an indictable offence carries a more severe penalty than a summary conviction.
Penalties for Conspiracy
The penalty for conspiracy depends on the crime the conspiracy involved. There is a maximum penalty of life in prison for conspiracy to commit murder, for example. There is no minimum penalty.
How conspiracy penalties work
For some conspiracy charges, the maximum penalty depends on the offence the person is alleged to have conspired to commit. The table therefore does not give one fixed number for every conspiracy scenario.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
An actual agreement between two or more people
The Crown must prove a genuine meeting of the minds — an actual agreement to pursue an unlawful common design. Mere discussion, negotiation that never concluded, or unilateral intention by one person alone is not enough; there must be at least two people who agreed.
A shared intention to carry out the unlawful act
Each alleged conspirator must have genuinely intended that the unlawful object actually be carried out — not merely gone along with talk about it, and not merely aware that others intended it. Intention to agree is not enough on its own; the parties must intend the common unlawful purpose itself to be put into effect.
The object of the agreement is an offence under Canadian law
What the parties agreed to pursue must itself be conduct that is unlawful under Canadian criminal law — murder for paragraph (a), the specific false-prosecution scheme for paragraph (b), any indictable offence for paragraph (c), or any summary conviction offence for paragraph (d).
The accused was a party to that specific agreement
The Crown must connect the individual accused to the particular agreement charged — being merely present, or associated with people who conspired, or aware of a plan without joining it, does not make a person a conspirator.
For the s.465(1)(b) false-prosecution scenario: knowledge of innocence
Where the charge is conspiracy to prosecute someone falsely (paragraph (b)), the Crown must additionally prove the conspirators knew the person they agreed to falsely accuse did not actually commit the alleged offence.
No completed underlying offence is required
Conspiracy is complete the moment the unlawful agreement is formed with the requisite intention — the Crown does not need to prove the planned offence was ever attempted or carried out. This is a standing legal point (not a Crown burden in the ordinary sense) worth flagging for the plain-language explainer, since readers commonly assume 'nothing happened' is a defence.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Conspiracy to commit murder — s. 465(1)(a)
IndictableNo mandatory minimum applies.
Conspiracy to falsely prosecute a person for an offence carrying life or up to 14 years — s. 465(1)(b)(i)
HybridApplies where the accused conspired to prosecute a person for an alleged offence, knowing that person did not commit it. The section states no summary maximum of its own. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both.
Conspiracy to falsely prosecute a person for an offence carrying less than 14 years — s. 465(1)(b)(ii)
HybridThe section states no summary maximum of its own. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both.
Conspiracy to commit any other indictable offence — s. 465(1)(c)
IndictableThe maximum mirrors whatever the underlying offence's own maximum is — no single number applies across all cases. No mandatory minimum applies.
Conspiracy to commit an offence punishable on summary conviction — s. 465(1)(d)
SummaryThe maximum mirrors the target summary-conviction offence's own maximum. No mandatory minimum applies.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Conspiracy — s.465
Section 465 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence, which may mean proving that there was a real agreement between two or more people to commit an offence, that the accused knowingly took part in that agreement, and that the offence the group agreed to commit is one known to law.
Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Hybrid offence Glossary entry →
A hybrid offence is an offence where the Crown can choose whether to proceed by summary conviction or by indictment. The choice can affect the procedure, possible penalties, and sometimes the court where the case is heard.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
- Summary conviction Glossary entry →
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code (R.S.C. 1985, c. C-46) s. 465 ConspiracyLast reviewed by CCH: 2026-07-06View official source ↗
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Criminal Code (R.S.C. 1985, c. C-46) s. 787 General summary conviction penalty (default fallback)Last reviewed by CCH: 2026-07-06View official source ↗
Government References
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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.