Brian Ross, Toronto Criminal Defence Lawyer

CRIMINAL ORGANIZATION/GANG OFFENCES

There are frequently than ever before, vast resources are being used to investigate and prosecute alleged criminal organizations. Criminal Organzation offences represent a very specialized area of law.

Brian Ross is a founding partner at Canada’s largest criminal Law firm, Rusonik, O’Connor, Robbins, Ross & Angelini, LLP.

THE OFFENCE

What follows is a brief summary of what a “criminal organization” is.

Of course, a criminal organization can commit various types of offences and the offences are all listed with the Criminal Code of Canada http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html and the Controlled Drugs and Substances Act http://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html. While this article is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.

DEFINITIONS

“Criminal Organization” means a group, however organized, that

(a) is composed of three or more persons in or outside Canada; and

(b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences 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 offence.

“Serious offence” means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.

“Criminal Organization offence” means

(a) An offence under section 467.11, 467.12 or 467.13 (of the Criminal Code of Canada), or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

(b) A conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

OFFENCES

s. 467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

s. 467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

s. 467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

There are numerous ways to defend against these charges and I have successfully defended people against them numerous times – please refer to my Recent Successes page. The consequences to receiving a conviction for any “criminal organization offence” charge are severe and often result in lengthy terms of imprisonment.

Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a free consultation to discuss your case, please call me at
(416) 658-5855.

RECENT SUCCESSES

Criminal Organization/Gang Offences

Criminal Organization charges withdrawn.

R. v. G.M.

Client charged with Criminal Organization offences after the police stopped a vehicle in which he was an occupant and discovered evidence of a Fraud ring: credit cards and identification in others’ names.

Charges withdrawn after a contested preliminary hearing.

R. v. L.M.

Client charged with various Criminal Organization offences as part of “Project Kryptic”. This project involved the prosecution of an alleged Toronto street gang, the Crips. Among other things, it was alleged that the client was involved in firearm offences.

Charge of Conspiracy to Commit Murder withdrawn; client pleaded guilty to one of the other, lesser, charges.

R. v. T.S.

Client charged numerous Criminal Organization offences as part of “Project Flicker”. This project involved the prosecution of an alleged Toronto street gang, the Ardwick Blood Crew. It was alleged that T.S. was high up in this “gang” and among other charges, he was charged with Conspiracy to Commit Murder.

Brian Ross is professional, straightforward, and honest. After we reviewed my case I didn't have high hopes for a positive outcome because there really wasn't much for him to work with. However, come court date, charges were withdrawn!! It had all happened so fast. I am so grateful for Brian Ross and his team. He didn't give up on my case and he definitely made lemonade out of like a 1/4 of a lemon. I would 100% use their services again - hopefully I won't have too.

Kate Rice

Money well spent! With all the issues with my case Brian gave me hope. I would definitely recommend spending the cash to hire Brian as he is an amazing lawyer. Watching him work I knew I had great chances. I feel like I have a new lease of life now with this behind me. All charges dropped which I could not imagine. Thank you to you and your team on helping me with this. Best lawyer in the city!!!

Jan Lane

I had a great experience hiring Brian for my case. From the beginning he was very direct and honest. He was confident in his prediction and his prediction was correct. Brian did an incredible job. He is highly knowledgeable in his field. He was thorough and very well experienced. I do highly recommend Brian!!

Anita Wong

As a young professional, the weight of a conviction was staggering, and would have greatly affected my ability to work in my chosen profession. Hiring Mr. Ross was the best way to guarantee against such effects. Throughout, Brian was present, helpful, positive, and supportive; hard-working and diligent. It was truly a pleasure to work with him, and a relief to get the call that Mr. Ross had accomplished what he initially set out to do. Consider this a sincere “Thank You” and commendation.

Kylie S

Nominated in 2023 for the Best Lawyers Award in Criminal Law

Candidates who are nominated for consideration are voted on by currently recognized lawyers working in the same practice area and located in the same geographic region. Our awards and recognitions are based purely on the feedback we receive from these top lawyers.

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A criminal record can have lifelong ramifications. Don't take a chance with an inexperienced attorney. I will fight to get your life back as I have done with countless others before you.

(416) 658-5855