Friday, March 1, 2013

Liability for conspiracy narrow

R v JF 2013 SCC 12 holds there are two schools of thought in Canada as to how, and under what circumstances, a person can be found liable as a party to the offence of conspiracy.  The narrower approach (the Trieu model) limits such liability to aiding or abetting the formation of the agreement.  The broader approach (the McNamara model) extends such liability to also include aiding or abetting the furtherance of the conspiracy's unlawful object.  The approach to be followed is Trieu and notMcNamara.  Party liability is limited to cases where the accused aids or abets the initial formation of the agreement, or aids or abets a new member to join a pre‑existing agreement


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