The Liquor in the Trailers

Every December the provincial liquor board in the Quebec City region takes delivery of more stock than its secure warehouses can hold. The overflow is stored temporarily in trailers parked outdoors at a compound. During an unrelated investigation, police intercepted conversations between the Accused, another man and others about the possibility of stealing that liquor. On the strength of the recordings both men were charged with conspiracy to commit theft and conspiracy to possess stolen goods. At trial there was no evidence that either had taken a single step toward the theft, and the judge was not persuaded that they had ever actually agreed to do it. He acquitted them of conspiracy. He then convicted both of attempting to conspire, treating it as an included offence, on the footing that their talk had gone beyond mere preparation for an agreement. The question was whether attempting to conspire is an offence known to Canadian law at all.