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Elements of the “Criminal Organization” Offence in s. 467.12 of the Criminal Code – Count 7

[1688] All of the defendants are charged with committing the offence of fraud over $5,000 for the benefit of, at the direction of, or in association with a “criminal organization”. The term "criminal organization" is defined in s. 467.1(1) as a group, however organized, that is composed of three or more persons in or outside Canada and has as one of its main purposes or main activities the facilitation or commission of one or more serious offences (which includes fraud over $5,000), that if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group. It does not include a group of persons that forms randomly for the immediate commission of a single office.

[1689] In order to prove this offence then the Crown must prove the three elements of the offence in addition to proving the underlying offence of fraud over $5,000:

a) that there is a group of three or more persons, however organized; a criminal organization;

b) the defendant intended to commit the offence of fraud for the benefit of, at the direction of, or in association with a criminal organization; and

c) the defendant knew or was willfully blind that the organization had as one of its main purposed or activities, the facilitation or commission of the offence of fraud.