QUICK TAKEAWAY
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 Code offence. 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.
Table of Contents:
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 prosecuted either as a summary conviction or as an indictable offence, meaning the Crown can proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences 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.
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Glossary of Legal Terms
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
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
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.
