Criminal Organization or Legitimate Gaming Operation: The government blurs the distinction - Edelsonlaw.ca

1. “Criminal Organization” or
Legitimate Gaming Operation: The
Government Blurs the Distinction
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By Solomon Friedman
Note: The following is intended as legal information only and does not constitute
legal advice of any kind. If you are in need of advice, please consult counsel with the
specifics of your particular situation.
Background
The following primer was prepared as a result of numerous requests by clients
seeking information about the scope and effect of the recently-enacted “serious
offence”regulations. These past weeks have seen an interesting confluence of
regulation and press bulletins from both the federal and provincial governments. On
one hand, the federal government has announced the expansion of the “criminal
organization” definition in the Criminal Code. At the same time, several provincial
governments, including Ontario and British Columbia have moved towards the
establishment of government-run online gaming websites. As discussed below, the
timing of these two announcements is hardly coincidental.

3. The New Criminal Code Regulations
The federal government has recently announced that it is effectively broadening
the definition of “criminal organization” for the purposes of the Criminal Code.
Unlike terrorist groups, which must be specifically named by an Order in
Council, there is no list of recognized “criminal organizations”. Such an approach
is currently being studied by a Parliamentary committee but has yet to be
implemented. Instead, the Criminal Codeprovides for a relatively broad
definition, which captures a wide spectrum of activities. These criteria are
further watered down by the government’s new regulations.
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4. Defining a “Criminal Organization”
There is some helpful case law on the procedure a court must follow in order to
accept the Crown’s assertion that an individual is indeed acting as a member of
a criminal organization. A thorough examination of the application of s. 467.1 is
found in R. v. Beauchamp, [2009] O.J. No. 4872, a recent criminal case at the
Ontario Superior Court of Justice.
In order for a court to make a “criminal organization” ruling, the judge must
find, beyond a reasonable doubt that there was:
- a group of three or more persons;
- that has as one of its main purposes or main activities;
- the facilitation or commission of one or more serious offences, that would
likely result in the direct or indirect of a material benefit, including a financial
benefit;
- by the group or any of the persons who constitute the group.
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5. Thank You
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