What are the consequences of soliciting funds from an international criminal organisation for purposes of assisting in the commission of an international crime?
Canada (Federal), Canada
The following excerpt is from Pushpanathan v. Canada (Minister of Citizenship and Immigration), 2002 FCT 867 (CanLII):
In the case of Gutierrez v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 1494 (F.C.T.D.), MacKay J. held: Essentially then, three prerequisites must be established in order to provide complicity in the commission of an international offence: (1) membership in an organization which committed international offenses as a continuous and regular part of its operation, (2) personal and knowing participation, and (3) failure to disassociate from the organization at the earliest safe opportunity. Soliciting funds equals complicity
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