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

Criminal Organization or Legitimate Gaming Operation: The government blurs the distinction

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

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  1. “Criminal Organization” or Legitimate Gaming Operation: The Government Blurs the Distinction http://www.edelsonlaw.ca/

  2. 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. http://www.edelsonlaw.ca/

  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. http://www.edelsonlaw.ca/

  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. http://www.edelsonlaw.ca/

  5. Thank You http://www.edelsonlaw.ca/

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