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Article

Organized Crime in Canada (Plain-Language Summary)

Organized crime is when a group of three or more people commit crimes to make money. Such crimes include gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting. The widespread nature of organized crime first came to light in the 1960s. Some criminal groups are based on ethnicity. Others are formed within certain industries. New laws were made in the early 2000s to address organized crime in Canada.

This article is a plain-language summary of organized crime in Canada. If you are interested in reading about this topic in more depth, please see our full-length entry: Organized Crime in Canada.

Article

Organized Crime in Canada

Organized crime is defined in the Criminal Code as a group of three or more people whose purpose is the commission of one or more serious offences that would “likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group.” Organized crime centres on illegal means of making money, such as gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting, among many others. The structure, sophistication and widespread nature of organized crime first became evident in the 1960s and 1970s. Some criminal organizations are based on ethnicity, such as the Italian Mafia and Chinese triads. Others are founded within certain industries (e.g., construction) or activities (e.g., biker gangs).

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Deschênes Commission

The Deschênes Commission (officially known as the Commission of Inquiry on War Criminals in Canada) was an independent commission of inquiry established by Prime Minister Brian Mulroney. Its purpose was to investigate accusations that alleged war criminals from the Second World War had found refuge and were living in Canada. The commission took a broad approach to its mandate, investigating war crimes as well as crimes against humanity. While war crimes had already been established as a specific kind of crime after the Second World War, crimes against humanity were not as clearly described, and therefore did not have a clear and defined punishment structure. The outcome of this report was to formalize crimes against humanity and create that framework. Specifically, the Criminal Code was amended so that war crimes would be offences under Canadian law regardless of Canada's involvement in said war. A two-part final report was completed and delivered at the end of 1986. The first part concluded that alleged Nazi war criminals were residing in Canada, but also that Canada lacked the legal means to prosecute those individuals. The second part of the report—that concerned with allegations against specific individuals—remains confidential.

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Torts in Canada

Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

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The 1969 Amendment and the (De)criminalization of Homosexuality

From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.

timeline event

New Impaired Driving Laws Come into Effect

Following the revision of drug-impaired driving laws earlier in the year, the Criminal Code was updated with comparable alcohol-impaired driving laws. The new laws, which are similar to ones in Germany, France, Ireland and Denmark, allow police to administer breathalyzer tests at their discretion, rather than requiring reasonable suspicion of impairment. They also increase the penalties for alcohol-impaired driving offences, including mandatory minimum fines and prison sentences. 

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Federal Government Tables Bill to Ban Conversion Therapy

After promising to reintroduce legislation banning conversion therapy in Canada within the first 100 days of its new mandate, the minority Liberal government of Justin Trudeau tabled Bill C-4. It included a broader definition of what constituted conversion therapy — also known as the ex-gay movement — as well as the addition of four new offenses to the Criminal Code. If passed, the legislation would make it illegal to force anyone to undergo conversion therapy, punishable by up to five years in prison. It would also allow courts to order the seizure or removal of conversion therapy advertisements.

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Elizabeth Fry Society

The Elizabeth Fry Society is a not-for-profit social service agency that provides support for women and girls involved in the Canadian justice system. The Society provides a range of services to women who are criminalized and to women who are at risk of being criminalized. It works to reduce the impact of criminalization, to provide equal opportunities for women in the justice system and to empower marginalized women.

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Capital Punishment in Canada

In pre-Confederation Canada, hundreds of criminal offences were punishable by death. By 1865, only murder, treason and rape were still considered capital offences. In 1962, Ronald Turpin and Arthur Lucas were the last of 710 prisoners to be executed in Canada since 1859. After 1976, the death penalty was permitted only for members of the Armed Forces found guilty of cowardice, desertion, unlawful surrender, or spying for the enemy. The federal government completely abolished state executions in 1998.

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Gerald Stanley Case

On 9 February 2018, Gerald Stanley, a white farmer in rural Saskatchewan, was acquitted of murder and manslaughter in the killing of Colten Boushie, a 22-year-old Cree man. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish peremptory challenges, which allowed Stanley’s legal team to keep five Indigenous people off the all-white jury that acquitted him. In 2021, an investigation conducted by a civilian watchdog concluded that that the RCMP was insensitive and racially discriminatory toward Boushie’s mother, and that the police mishandled witnesses and evidence. A Globe and Mail investigation also found that the RCMP “destroyed records of police communications from the night Colten Boushie died.”

timeline event

Federal Government Cracks Down on Conversion Therapy

The federal government called on all provinces and territories to ban what it called the “shameful” and “cruel” practice of conversion therapy. The practice aims to convert people from homosexuality to heterosexuality through a combination of religious and psychological counselling. A statement issued by the government also noted that the therapy “has no scientific basis” and “can lead to life-long trauma… [W]e are actively examining potential Criminal Code reforms to better prevent, punish, and deter this discredited and dangerous practice.” 

timeline event

Muslim Family Killed in Hit-and-Run Hate Crime

Two parents, a grandparent and a daughter were killed and a nine-year-old son was left in serious condition after the family was struck by a pickup truck while walking along the sidewalk in London, Ontario. Police confirmed that the attack was “a planned, premeditated act and that the family was targeted because of their Muslim faith.” (See also Islamophobia in Canada.) A vigil was held in London two days later. The accused was charged with four counts of murder and one count of attempted murder. He was also charged with terrorism under section 83 of the Criminal Code. The nine-year-old orphaned boy was released to relatives a week later.

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Suicide in Canada

This article contains sensitive material that may not be suitable for all audiences. To reach the Canada Suicide Prevention Service, contact 1-833-456-4566.

Suicide is the act of taking one’s own life voluntarily and intentionally. Suicide was decriminalized in Canada in 1972. Physician-assisted suicide was decriminalized in 2015. Suicide is among the leading causes of death in Canada, particularly among men. On average, approximately 4,000 Canadians die by suicide every year — about 11 suicides per 100,000 people in Canada. This rate is higher for men and among Indigenous communities. Suicide is usually the result of a combination of factors; these can include addiction and mental illness (especially depression), physical deterioration, financial difficulties, marriage breakdown and lack of social and medical support.

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Henry Morgentaler

Henekh (Henry) Morgentaler, CM, abortion advocate, physician (born 19 March 1923 in Lodz, Poland; died 29 May 2013 in Toronto, ON. Morgentaler spent much of his life advocating for women’s reproductive rights at a time when they could not legally obtain abortions. He established illegal abortion clinics across Canada, challenging the federal and provincial governments to repeal their abortion laws. As a result of his campaign (and the work of organizations such as the Canadian Abortion Rights Action League, CARAL), the Supreme Court struck down federal abortion law as unconstitutional in 1988, thereby decriminalizing the procedure. Morgentaler was also the first to use the vacuum aspiration method in Canada, a safer procedure for women than previous methods.

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Criminal Code of Canada

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

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Albert Johnson, “The Mad Trapper of Rat River”

Albert Johnson, also known as the “Mad Trapper,” outlaw (born circa 1890–1900, place of birth unknown; died 17 February 1932 in Yukon). On 31 December 1931, an RCMP constable investigating a complaint about traplines was shot and seriously wounded by a trapper living west of Fort McPherson, NT. The ensuing manhunt — one of the largest in Canadian history — lasted 48 days and covered 240 km in temperatures averaging -40°C. Before it was over, a second policeman was badly wounded and another killed. The killer, tentatively but never positively identified as Albert Johnson, was so skilled at survival that the police had to employ bush pilot Wilfrid “Wop” May to track him. The Trapper’s extraordinary flight from the police across sub-Arctic terrain in the dead of winter captured the attention of the nation and earned him the title “The Mad Trapper of Rat River.” No motive for Johnson’s crimes has ever been established, and his identity remains a mystery.

This article contains sensitive material that may not be suitable for all audiences.

List

Notable Wrongful Convictions in Canada

Canadians like to think our justice system is one of the best in the world. But ask the dozens of people prosecuted and imprisoned for serious crimes they didn't commit, and you're likely to get a different view, especially from those accused of murder. In recent decades, more than 20 Canadians have been locked up — much of their lives destroyed — for murders they had nothing to do with. Their wrongful convictions are a stain on our history, while their subsequent exonerations give cause for hope. Here are six of their stories. (See also Wrongful Convictions in Canada.)

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Court System of Canada

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.