Immigration and Refugee Protection Act

Marginal note:Aggravating factors

• 121 (1) The court, in determining the penalty to be imposed under subsection 117(2) or (3) or section 120, shall take into account whether

  • (a) bodily harm or death occurred during the commission of the offence;

  • (b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;

  • (c) the commission of the offence was for profit, whether or not any profit was realized; and

  • (d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

• Definition of criminal organization

  (2) For the purposes of paragraph (1)(b), criminal organization means an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence.