 
Is it a Crime to Attempt - to Plan - to Commit - a Crime? In January 2002, Quebec city police charged Jacques Dery with attempting - to conspire - to steal. The case was an outgrowth of a discussion that Mr. Dery had had with Denis and Daniel Savard. They had discussed the possibility of stealing some of the goods for sale at certain Quebec liquor stores. But, since Savard was under surveillance, the police intercepted their discussion and then proceeded to make an arrest. The theft never occurred. Intervening at the Supreme Court of Canada, Special CCLA Counsel Christopher Wayland and Kristian Brabander argued that the criminal law contains no offence of "attempted conspiracy". They contended that such an offence "would create a substantial risk of criminalizing non-dangerous, perhaps even desirable, behaviour". In an affidavit filed by CCLA, its General Counsel Alan Borovoy provided an example of a local union president who calls a meeting of the local's executive to discuss the waging of an unlawful strike. At some point, cooler heads prevail and the strike never happens. But "the calling of the meeting for such a purpose might constitute an attempted conspiracy … In this way the recognition of such an offence could undermine the public interest in minimizing ... industrial disputes, not to mention [what it would do to] many fundamental freedoms ..." A decision is expected during 2006. | CCLA In The Schools | Join Us | Feedback | Search | Other Interesting Sites | Home |
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