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What is the main difference between the definitions of offense-related property in the Criminal Code and the CDSA?
What is the main difference between the definitions of offense-related property in the Criminal Code and the CDSA?
According to SECTION 462.3 CC, what does 'proceeds of crime' refer to?
According to SECTION 462.3 CC, what does 'proceeds of crime' refer to?
In the case of a dual procedure offense under SECTION 462.3 CC, what value must the property or proceeds exceed to be considered as possession of proceeds?
In the case of a dual procedure offense under SECTION 462.3 CC, what value must the property or proceeds exceed to be considered as possession of proceeds?
What is the meaning of a 'designated offence' according to the text?
What is the meaning of a 'designated offence' according to the text?
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What does FINTRAC mandate focus on primarily?
What does FINTRAC mandate focus on primarily?
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What type of firearms are included in the category of prohibited firearms?
What type of firearms are included in the category of prohibited firearms?
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Under what circumstances does a person commit an offence in relation to the use of a firearm as per CC85(1)?
Under what circumstances does a person commit an offence in relation to the use of a firearm as per CC85(1)?
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What is the main purpose of a Public safety warrant as defined under C.C. 117.04(1)?
What is the main purpose of a Public safety warrant as defined under C.C. 117.04(1)?
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What class of firearms includes handguns that are not listed as prohibited firearms?
What class of firearms includes handguns that are not listed as prohibited firearms?
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What constitutes an offence related to the use of firearms as per CC85(1) according to the given text?
What constitutes an offence related to the use of firearms as per CC85(1) according to the given text?
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What was the total weight of cocaine trafficked by 'big red' to the police agent?
What was the total weight of cocaine trafficked by 'big red' to the police agent?
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According to the Criminal Code, what is the definition of a firearm?
According to the Criminal Code, what is the definition of a firearm?
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What is required for individuals to possess non-restricted firearms according to the text?
What is required for individuals to possess non-restricted firearms according to the text?
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What was the amount paid by the police agent to 'big red' for the delivery of another kilo of drugs?
What was the amount paid by the police agent to 'big red' for the delivery of another kilo of drugs?
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How was 'big red' arrested according to the information provided?
How was 'big red' arrested according to the information provided?
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What was the outcome of the trial for J after he brought an application under s.11(b) of the ccrf?
What was the outcome of the trial for J after he brought an application under s.11(b) of the ccrf?
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What factor influenced the decision not to call a certain witness in the case discussed?
What factor influenced the decision not to call a certain witness in the case discussed?
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Which framework did the trial judge apply when dismissing J's application under s.11(b) of the ccrf?
Which framework did the trial judge apply when dismissing J's application under s.11(b) of the ccrf?
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What action did the appellant request in relation to their conviction in the case discussed?
What action did the appellant request in relation to their conviction in the case discussed?
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In multi-jurisdictional investigations, how is an offence treated if committed on the boundary of two or more territorial divisions?
In multi-jurisdictional investigations, how is an offence treated if committed on the boundary of two or more territorial divisions?
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What does Section 462.31 of the criminal code make an offence?
What does Section 462.31 of the criminal code make an offence?
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In what year was Section 462.31 of the criminal code amended to include reckless behavior?
In what year was Section 462.31 of the criminal code amended to include reckless behavior?
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What is one of the penalties for being involved in money laundering?
What is one of the penalties for being involved in money laundering?
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What is an indicator of criminality mentioned in the text regarding bank transactions?
What is an indicator of criminality mentioned in the text regarding bank transactions?
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Which organization is responsible for money laundering prevention in Canada?
Which organization is responsible for money laundering prevention in Canada?
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What is the primary purpose of money laundering?
What is the primary purpose of money laundering?
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In terms of money laundering, what does the term 'proceeds of crime' refer to?
In terms of money laundering, what does the term 'proceeds of crime' refer to?
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What is the penalty for possessing proceeds of crime according to the provided text?
What is the penalty for possessing proceeds of crime according to the provided text?
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What does FINTRAC stand for and what is its mandate according to the text?
What does FINTRAC stand for and what is its mandate according to the text?
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How does money laundering typically involve legitimate businesses?
How does money laundering typically involve legitimate businesses?
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What is the primary role of an agent as mentioned in the text?
What is the primary role of an agent as mentioned in the text?
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Which of the following rights is guaranteed by Section 8 of the Charter?
Which of the following rights is guaranteed by Section 8 of the Charter?
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What do judicial authorizations such as wiretapping under the Criminal Code primarily assist in?
What do judicial authorizations such as wiretapping under the Criminal Code primarily assist in?
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Under Section 9 of the Charter, what does everyone have the right to?
Under Section 9 of the Charter, what does everyone have the right to?
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What could be a service provided by some agents to the police without payment, as per the text?
What could be a service provided by some agents to the police without payment, as per the text?
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What do Sections 8, 9, 10, and 24 of the Charter collectively ensure?
What do Sections 8, 9, 10, and 24 of the Charter collectively ensure?
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What is the significance of a designated offence as per the text?
What is the significance of a designated offence as per the text?
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What is one common service some agents provide to the police without receiving payment, according to the text?
What is one common service some agents provide to the police without receiving payment, according to the text?
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Under Section 24(2) of the Charter, what does a person charged with an offence have the right to?
Under Section 24(2) of the Charter, what does a person charged with an offence have the right to?
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What is one main purpose of judicial authorizations like wiretapping under the Criminal Code?
What is one main purpose of judicial authorizations like wiretapping under the Criminal Code?
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Study Notes
Organized Crime and Property
- Organized crime can be described in two places: Section 2 of the Criminal Code and Section 2 of the Controlled Drugs and Substances Act (CDSA)
- The difference between the two definitions is that the Criminal Code definition includes any property linked to an indictable offence, whereas the CDSA definition is limited to designated drug offences
Possession of Proceeds of Crime
- Section 462.3 of the Criminal Code: no person shall possess any property or proceeds of crime knowing that all or part of the property or proceeds was obtained or derived directly or indirectly as a result of the commission of an offence in Canada
- Proceeds of crime: any property, benefit, or advantage within or outside Canada, obtained or derived directly or indirectly as a result of the commission of a designated offence
- Designated offence: any offence prosecuted as an indictable offence under the Criminal Code or any other Act of Parliament, excluding prescribed offences by regulation
- Penalty: dual procedure offence, indictable if the value of the property or proceeds exceeds $1,000
Money Laundering
- Section 462.31 of the Criminal Code: makes it an offence to be involved in any way with the laundering of proceeds of crime, such as using, transferring, or transporting funds raised through criminal activity
- Amended in 2019 to make it a crime to be reckless as to whether all or part of the property or proceeds was obtained or derived from criminal activity
- Penalty: up to 10 years imprisonment, up to 6 months fine, up to $2,000, or both (summary)
Indicators of Criminality
- Elastic vs. banks: use of paper bands to bundle money, specific markings or folds, and use of shrink wrap or masking agents
- Existence of legitimate paperwork versus card numbers, addresses, phone numbers, and email addresses
Financial Investigative Units
- Memoranda of understanding with FIUs in 109 countries
- Can send and receive queries from foreign FIUs, but only with permission
Money Laundering Process
- Process used by criminal organizations or white-collar criminals to disguise the origin of money to make it appear legitimate
- Can involve setting up a cash-based business, mixing in legitimate money with criminal proceeds, and making it difficult for tax authorities or police to track the source of the funds
Agents and Judicial Authorizations
- An agent: a person who acts on behalf of a law enforcement agency or under the direction of the agency
- Identity of an agent cannot be protected
- Agents make notes, sign contracts, and testify
- Paid by the law enforcement agency for their services, or may provide services without payment
Judicial Authorizations
- CDSA 11(1): production order
- Criminal Code 487(1): search warrant
- Part VI authorization under the Criminal Code (wiretap): section 184
- Charter sections 8, 9, 10, and 24
Firearms and Weapons
- Definition of a weapon in the Criminal Code: anything used, designed to be used, or intended for use in causing death or injury, or for threatening or intimidating
- Definition of a firearm in the Criminal Code: a barrelled weapon from which any shot, bullet, or other projectile can be discharged, capable of causing serious bodily injury or death
- Non-restricted firearms: commonly used for hunting or sporting purposes, do not require registration, but require a possession and acquisition licence (PAL)
- Restricted firearms: include handguns, firearms designed or adapted to fire after being reduced, and certain modified rifles or shotguns
- Prohibited firearms: fully automatic, converted automatic, modified rifles or shotguns with certain lengths, and certain handguns
Search and Seizure
- CC 487(1): search warrant
- Public safety seizure: CC 117.04(1) and CC 117.04(2)
- Procedure to enter, seize, and prohibit a person from possessing weapons, where a peace officer is satisfied that it is not desirable for the person to possess any weapon, prohibited device, or ammunition due to public safety concerns
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Description
Explore the differences between the definitions of ORP in section 2 of the criminal code and section 2 of the CDSA. Understand the possession of proceeds under section 462.3 CC and its implications.
