Crt Flashcards
What is the cc definition of organized crime and where is it found?
S.467.1 “ A group however organized that is composed of three or more persons in or outside Canada and has one of its main purposes/activity the facilitation or commission of one or more serious offences, that if committed would likely result in the direct/indirect receipt of material benefit including financial.
What doesnt constitute as organized crime?
467.1 - A group of people that randomly form for the immediate commission of a single offence.
What is a serious offence?
Is a indictable offence which has its maximum punishment for 5 years or more.
What is a gang?
Working definition - A group of three or more people who engage in criminal activity on a regular basis and have a common name or identifying sign or symbol.
What are some active gangs in stoon?
Terror squad Indian posse West side outlaws Hustle crew South side kings Sask warriors
What is proceeds of crime?
WD - Any property,benefit or advantage obtained directly/indirectly of a commission of a criminal offence.
What is offence related property?
Any property that on reasonable belief was used or is intended to be used in a crime in or out of Canada
What is provincial forfeiture?
The process in which property seized by police believed to be used or obtained by a criminal offence is forfeited (not returned)
- It is separate from court proceedings and only requires a balance of probability that it was used or obtained in the commission of the offence. ACCUSED DOES NOT HAVE TO BE CONVICTED.
What is federal seizure?
The process of federal seizure is the seizure of offence related property by police that upon the outcome of a criminal trial and on conviction of the accused the property may be ordered to be forfeited.
-Requires court conviction.
What is a report to justice and when is it used?
A report to justice is a form 5.2 that states all the property seized from a person and provides authority on the detention of the property. It is required to be completed upon any seizure of property.
Why is a report to justice completed?
To provide judicial over site of seized property.
How long can items on a report to justice be held for?
Property can be held until for the purpose of a trial providing charges have been laid.
If no charges have been laid the property can be detained for a period of 3 months.
What section deals with the detention of seized items?
S.490cc
What is required to be done if property was seized as part of a investigation a report to justice was done however you have reached the 3 month time period of detention?
under s.490(2) a request may be made to the courts where as long as a justice is satisfied with the continued detention of the seized property for a investigation may grant a extension of up to a maximum of 1 year from seizure date.
How long can you have items seized in a investigation where charges have not yet been laid?
S.490(1) - no longer then 3 months from seizure date.
S.490(2) - court approval for up to 1 year
S.490(3) - superior court approval for further extension due to complex nature investigation.
What section deals with possession of property obtained by crime? What does this charge require?
S.354cc. - must be in possession of property/thing/proceeds, knowing that all or part of the property was obtained by the direct/indirect commission of a indictable offence.
What section of the CDSA discusses forfeiture of property?
S,16 CDSA
What does s.16 CDSA provide authority to do?
Forfeiture - That after conviction or absolute discharge the court can rule that non-chemical offence related property be forfeited.
Requires the court to believe on a balance of probabilities that the property is related to the offence.
What is section 5(1) CDSA?
5(1) CDSA- covers trafficking in a controlled substance.
What is section 5(2) CDSA?
5(2) CDSA - Covers possession for the purpose of trafficking.