21 and 22 of the address secondary party liability. Section 21(1) of the Criminal Code Criminal Code criminalizes the actions (or omissions of legal duties) of anyone who aids in the commission of an offence or abets any person in committing an offence. Pursuant to section 21(1), aiders, abettors and principal offenders who actually commit the offence are all guilty of the same offence and subject to the same penalties set out for that offence. As well, pursuant to section 21(2), when two or more people form a common unlawful purpose to commit an offence and during the course of that unlawful purpose one of them commits an ancillary offence, they are all parties to that offence if they knew or ought to have known that the commission of the ancillary offence was a probable consequence of carrying out the common unlawful purpose. A corporation or other organization can also be a member of a conspiracy if the requirements of sections 22.1 or 22.2 of the are met (further discussed in Section 2.7 Criminal Code above). Section 22(1) of the those who counsel an offence liable for that offence if that Criminal Code offence is committed. If the offence is counselled but not committed, the counsellor is liable for a separate inchoate offence of incitement under section 464 of the that offence is subject to the same Criminal Code; punishment as an attempt to commit the offence that was counselled. Section 22(2) creates party liability for the counsellor for all reasonably foreseeable ancillary offences committed by the person counselled. For a more detailed analysis of party liability, see a standard Canadian criminal law textbook.
21 and 22 of the Criminal Code address secondary party liability. Section 21(1) of the Criminal Code criminalizes the actions (or omissions of legal duties) of anyone who aids in the commission of an offence or abets any person in committing an offence. Pursuant to section 21(1), aiders, abettors and principal offenders who actually commit the offence are all guilty of the same offence and subject to the same penalties set out for that offence. As well, pursuant to section 21(2), when two or more people form a common unlawful purpose to commit an offence and during the course of that unlawful purpose one of them commits an ancillary offence, they are all parties to that offence if they knew or ought to have known that the commission of the ancillary offence was a probable consequence of carrying out the common unlawful purpose. A corporation or other organization can also be a member of a conspiracy if the requirements of sections 22.1 or 22.2 of the Criminal Code are met (further discussed in Section 2.7 above). Section 22(1) of the Criminal Code those who counsel an offence liable for that offence if that offence is committed. If the offence is counselled but not committed, the counsellor is liable for a separate inchoate offence of incitement under section 464 of the Criminal Code; that offence is subject to the same punishment as an attempt to commit the offence that was counselled. Section 22(2) creates party liability for the counsellor for all reasonably foreseeable ancillary offences committed by the person counselled. For a more detailed analysis of party liability, see a standard Canadian criminal law textbook.
Chapter-3-2017-1.docx