Is counselling or procuring a felony a substantive offence?
Canada (Federal), Canada
The following excerpt is from R. v. Hamilton, [2005] 2 SCR 432, 2005 SCC 47 (CanLII):
14 At common law, counselling or procuring a felony was a substantive offence, whether or not the felony was subsequently committed: Brousseau v. The King (1917), 1917 CanLII 628 (SCC), 56 S.C.R. 22. The charges that concern us here are now codified in s. 464(a) of the Criminal Code, which provides: 464. . . . (a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable;
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