Conspiracy Charges: How to Defend Against Them

Conspiracy charges are among the more complex and serious criminal offences under Canadian law. Even if no actual crime has been committed, an agreement between two or more individuals to commit an illegal act can result in criminal prosecution. The law treats conspiracy as a punishable offence in and of itself, and the consequences can be severe — including imprisonment, fines, and a lasting criminal record.

Whether you have been charged with conspiracy or are under investigation, it is critical to understand how conspiracy is defined under the Criminal Code of Canada, what the Crown must prove to secure a conviction, and how a skilled criminal defence lawyer can help protect your rights and build a strong defence.

This article provides a comprehensive overview of conspiracy charges in Canada, including legal definitions, examples, penalties, and possible defence strategies.

What is a Conspiracy Charge in Canada?

A conspiracy is defined as an agreement between two or more people to commit a criminal offence. Under Section 465 of the Criminal Code of Canada, it is illegal to conspire to commit an indictable offence — even if the crime was never carried out.

The key element of conspiracy is the agreement itself. The offence is considered complete once there is a meeting of minds with the intent to pursue an unlawful goal, regardless of whether any actions were taken beyond that agreement.

In simpler terms: just planning a crime with another person can result in criminal liability, even if no actual crime is committed.

Key Elements of a Conspiracy Charge

For the Crown to prove a conspiracy charge, the following elements must be established:

• An agreement between two or more people
• A shared intention to commit a criminal offence
• The agreement was voluntary and intentional
• The object of the conspiracy was illegal under Canadian law

Importantly, the Crown does not need to prove that the offence was successful or even attempted. The mere existence of a mutual plan to commit an unlawful act is enough to support a conviction.

Examples of Conspiracy Charges

Conspiracy can apply to a wide range of criminal activities, including:

• Conspiracy to commit fraud
• Conspiracy to traffic drugs
• Conspiracy to commit murder
• Conspiracy to obstruct justice
• Conspiracy to import illegal goods or firearms
• Conspiracy to commit robbery or theft

In some cases, individuals may be charged with conspiracy even if they were not directly involved in the intended criminal act, but were part of the planning process or supported the idea of the offence.

Penalties for Conspiracy Charges in Canada

The penalties for conspiracy vary depending on the underlying offence that was being planned. For example:

• Conspiracy to commit murder carries the same maximum penalty as murder itself — life imprisonment.
• Conspiracy to traffic drugs or commit a large-scale fraud offence can also lead to lengthy prison sentences, sometimes up to 14 years or more, depending on the circumstances.
• Conspiracy to commit a summary offence may result in lesser penalties, but it still carries serious legal and reputational consequences.

In addition to prison time, a conviction can result in:

• A permanent criminal record
• Travel restrictions, particularly to countries like the United States
• Difficulty finding employment, housing, or educational opportunities
• Ineligibility for certain licences or immigration benefits

Because of these long-term implications, it is critical to seek legal representation as early as possible.

How Conspiracy Charges Are Prosecuted

Conspiracy cases often rely heavily on circumstantial evidence, including:

• Wiretap recordings and surveillance
• Text messages, emails, or phone logs
• Testimony from co-conspirators, or undercover officers
• Financial records or documents linking individuals to a common plan

Prosecutors may also rely on inferred intent — meaning that they do not necessarily need direct proof of an agreement, but can argue that actions and communications demonstrate a shared illegal purpose.

This makes conspiracy charges highly complex, and subject to interpretation by the courts. A strong legal defence can often challenge the Crown’s assumptions or identify gaps in the evidence.

Defending Against Conspiracy Charges

There are several legal strategies that an experienced criminal defence lawyer can use to defend against conspiracy charges:

1. Lack of Agreement

One of the strongest defences is arguing that no actual agreement existed. You may have participated in discussions, but unless there was a clear and mutual agreement to commit an offence, a conspiracy charge cannot stand.

2. No Criminal Intent

The Crown must prove that you intended to pursue an illegal objective. If your actions were taken for a legal reason or without the knowledge that a crime was being planned, you may not be guilty of conspiracy.

3. Withdrawal from the Conspiracy

If you withdrew from the conspiracy before any offence was committed, and can prove that you clearly communicated your intent to withdraw, this can be used as a defence.

4. Entrapment

If law enforcement coerced or manipulated you into participating in the conspiracy, this could constitute entrapment, and your lawyer may be able to file an application to have the charges stayed.

5. Challenging the Evidence

Much of the evidence in conspiracy cases is circumstantial. A defence lawyer can challenge the credibility of witnesses, question the legality of wiretaps, or argue that communications were taken out of context.

6. Charter Violations

If your Charter rights were violated during the investigation or arrest, your lawyer may be able to exclude evidence or have the charges dismissed. This includes unlawful search and seizure, denial of access to counsel, or unreasonable delay.

Why You Need a Criminal Defence Lawyer

Conspiracy charges carry serious consequences and complex legal considerations. Navigating such charges without experienced legal representation can drastically increase the risk of conviction.

A criminal defence lawyer can:

• Review and challenge the prosecution’s evidence
• Identify weaknesses in the Crown’s case
• Negotiate with the Crown to reduce or withdraw charges
• Prepare strong legal arguments to defend your rights in court
• Explore every legal avenue to protect your freedom and future

If you are facing conspiracy charges or are under investigation, do not delay. The earlier you seek legal advice, the stronger your defence can be.

Why Choose De Boyrie Law for Conspiracy Defence

At De Boyrie Law, we have the knowledge and experience to defend clients against complex criminal charges, including conspiracy. Our firm is committed to providing thorough, strategic, and personalized representation for every client. We work relentlessly to identify weaknesses in the Crown’s case, protect your Charter rights, and pursue the most favourable outcome possible.

Whether your case involves drug offences, fraud, or violent crime allegations, we are here to help you navigate every stage of the legal process with confidence and clarity.

Schedule a Free Consultation with De Boyrie Law

If you have been charged with conspiracy, you need experienced legal representation. Contact De Boyrie Law today for a free, confidential consultation. We will assess your case, explain your legal options, and develop a powerful defence strategy tailored to your unique situation.