Compounding Indictable Offence (s. 141(1)) Charges in Canada: Offences, Defences, Punishments

What is a compounding indictable offence charge?

The charge for a compounding indictable offence is covered under s. 141(1) of the Criminal Code found in Part IV. Part IV covers “Offences Against the Administration of Law and Justice.”

A compounding indictable offence charge occurs when a person asks, receives, or agrees to receive something valuable in exchange for hiding or covering up an indictable offence. There is an exception to this charge, stating that no offence is committed if the valuable consideration received under an agreement for compensation, restitution, or personal services with the consent of the Attorney General, or as part of an approved program to divert individuals charged with indictable offences away from standard criminal proceedings.

A compounding indictable offence is a hybrid offence with a Crown election. This means that depending on the circumstances of your case the Crown can elect to proceed by indictment or summarily. If an accused is prosecuted by indictment, there is a Defence election of court under s. 536(2) of the Criminal Code.

Examples

Some examples of a compounding indictable offence charge may include the following:

• The accused bribed an individual to help them conceal a crime;
• The accused agreed to hide evidence or keep silent about a crime they witnessed in exchange for compensation;
• The accused agreed to withhold information about a crime for compensation; and
• The accused accepts payment from a co-conspirator to conceal their involvement in a crime.

Defences

The defences available to a compounding indictable offence charge are entirely dependent on the facts of your case.

However, some defences to a compounding indictable offence charge may include:

• The accused did not actually conceal or cover up a crime;
• The accused did not accept anything of value;
• The accused had the consent of the Attorney General; and
• There is a lack of evidence linking the accused to the compensation accepted and the crime that was concealed.

Punishment

A compounding indictable offence charge is a hybrid offence, which entails a maximum punishment as follows:

• Imprisonment for a term not exceeding 2 years.

Punishments for a compounding indictable offence depend on whether the Crown elects to pursue the charge as an indictable offence or summarily. There are no mandatory minimum penalties for this offence. The maximum is no more than 2 years of incarceration if prosecuted by indictment. If prosecuted summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine.

A compounding indictable offence charge can also entail severe consequences for current and future employment opportunities and immigration status.

Overview of the Offence 

According to s. 141 of the Criminal Code:

The Guilty Act (Actus Reus)

The actus reus for a compounding indictable offence charge under s. 141(1) is established by proof, beyond a reasonable doubt, of the following:

• The accused at a specified date and time, in the correct jurisdiction, asked for, obtained, or agreed to receive something valuable; and
• The accused asked for, obtained, or agreed to receive a valuable consideration to compound or conceal an indictable offence.

The Guilty Mind (Mens Rea)

The mens rea for a compounding indictable offence charge under s. 141(1) include proving, beyond a reasonable doubt, that:

• The accused was aware that they were asking for, obtaining, or agreeing to receive something valuable;
• The accused was aware that they were asking for, obtaining, or agreeing to receive something valuable in exchange for compounding or concealing an indictable offence; and
• The accused had the intent to compound or conceal an indictable offence.

Defences

How to Beat a Compounding Indictable Offence Charge

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a compounding indictable offence charge:

Factual innocence

A strong defence against a compounding indictable offence charge is to maintain that you are factually innocent. If you can show that the facts and the evidence do not support that you asked for, obtained, or agreed to receive something valuable in exchange for compounding or concealing an indictable offence, then you may have a defence that you were factually innocent.

Consent of the Attorney General

If the agreement involves compensation, restitution, or personal services and has the explicit consent of the Attorney General, it may serve as a complete defence according to the exceptions outlined in section 141(2)(a) of the Criminal Code.

Participation in an Approved Diversion Program 

If the arrangement is part of a program approved by the Attorney General to divert individuals charged with indictable offences from standard criminal proceedings, it may serve as a defence under section 141(2)(b) of the Criminal Code.

Identity

Depending on the circumstances of your case, a possible defence to a compounding indictable offence charge may be to raise an identity defence. In this case, for this defence to be raised successfully, you will have to prove that you were not the person who asked for, obtained, or agreed to receive something valuable in exchange for compounding or concealing an indictable offence.

Any applicable Charter defences

The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

Punishments

The Criminal Code provides for a possible maximum term of imprisonment of no more than 2 years for those convicted of a compounding indictable offence charge.

Persons found guilty of a compounding indictable offence charge are eligible for sentencing entailing a discharge, suspended sentence, stand-alone fine, custody, custody with a fine or probation or a conditional sentence order.

Frequently Asked Questions  

Can you go to jail for a compounding indictable offence charge?

Yes, if someone is charged under section 141(1) of the Criminal Code for compounding or concealing an indictable offence by asking for, obtaining, or agreeing to receive valuable consideration, they could face imprisonment as a potential penalty. The maximum term of imprisonment is up to two years if treated as an indictable offence, or it may be punishable on summary conviction. The severity of the penalty depends on the specific circumstances of the case, and Individuals facing such charges should seek legal counsel to understand the potential consequences and explore defence strategies tailored to their specific situation.

What is the maximum penalty for a compounding indictable offence?

The maximum penalty for a compounding indictable offence charge, as outlined in section 141(1) of the Criminal Code, is no more than 2 years imprisonment if treated as an indictable offence. The severity of the penalty depends on factors such as the specific actions of the accused, their intent, and the circumstances surrounding the compounding or concealing of the indictable offence. It’s important to seek legal advice to better understand the potential consequences and to explore any available defences tailored to your individual case.

What is a compounding indictable offence?

A compounding indictable offence refers to the act of asking for, obtaining, or agreeing to receive something valuable in exchange for compounding or concealing an indictable offence. This offence is outlined in section 141(1) of the Criminal Code, and it involves compromising the legal process by privately settling a criminal matter or hiding information about a serious crime in return for valuable consideration. The term ‘indictable offence’ typically refers to a more serious criminal charge. Engaging in activities that lead to compounding or concealing such offences can result in legal consequences, including potential imprisonment for up to two years.

Published Decisions

R v Daoust, 2004 SCC 6 (CanLII)

In this case, an undercover officer went to the accused’s store on four different occasions to sell goods which the officer hinted were stolen. Each transaction ended with the merchandise being accepted for a sum of money. On the final occasion, the accused told the officer that this would be the last time they would do business together, and the establishment’s manager stated they couldn’t always help the undercover officer steal.

The manager and the accused were charged with compounding an indictable offence. They were convicted but the Court of Appeal overturned the decision, stating the actus reus had not been made out. The SCC upheld the Court of Appeal’s decision.

You can read the full decision here.

R v Cady, 2022 ONSC 4372 (CanLII)

The accused was charged with possession of property knowing it was obtained by the commission of an indictable offence which was fraud. The court found that the accused did know that the fund were obtained illegally and was wilfully blind to their origin. The court stated that the accused met the elements of the offence and was convicted.

You can read the full decision here.

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