Michael Oykhman
What is the Difference Between Absolute Liability, Strict Liability, and Full Mens Rea?
As a general principle, the concept of a strict liability offence merely requires the prosecution to prove the action or actus reus of the offence. Mens rea, or intent, is not required to prove the offence in a prima facie case. Strict liability are considered regulatory offences, and there is no requirement that the prosecution prove there was an intention to commit the ...
Truancy Laws in Canada Explained
Truancy in Canada refers to the unauthorized or unjustified absence of a student from school. It is often referred to as unexcused absences. It entails a deliberate violation of compulsory attendance laws, with each province establishing its own guidelines on attendance requirements. While truancy is not a criminal offence under the Canadian Criminal Code, its implications are addressed through provincial regulations. How are truancy ...
What is Written Revocable Consent?
What is Written Revocable Consent? Written revocable consent is a legal term which refers to granting permission for specific actions or activities through a written agreement. In the province of Ontario, and as inferred by the title, this consent can be subsequently revoked or withdrawn at any time. In circumstances of domestic disputes, a written revocable consent may be brought forward where there are ...
Is Lolicon Legal in Canada?
Lolicon is a type of fictional, visual media that is born out of Japanese culture. While somewhat ambiguous in its definition, generally this type of media depicts young-looking, cartoon girls in romanticized or sexualized milieus. Writer Patrick W. Galbraith in his book entitled The Ethics of Affect: Line and Life in a Tokyo Neighbourhood describes lolicon as loosely defined. Some tend to define ...
Conspiracy to Commit Murder Laws in Canada
What is conspiracy to commit murder?Section 465(1) of the Criminal Code of Canada deals with the offence of conspiracy, which occurs when two or more individuals plan to commit an illegal act together. The section outlines different scenarios where an individual can be charged with conspiracy, and specifically, as outlined in this section, to conspiracy to commit murder.Examples of conspiracy to commit murder:Some examples ...
Incest (s. 155) Laws in Canada
Incest is an offence under Section 155 of the Criminal Code of Canada. This section makes it an offence to, knowing that another person is by blood relationship, a parent, child, brother, sister, grandparent, or grandchild, as the case may be, has sexual intercourse with that person. This section of the criminal code ultimately criminalizes sex between relatives. The law recognizes that sexual ...
Making Counterfeit Money (s. 449) Laws in Canada
What is Making Counterfeit Money? Making counterfeit money is an offence under Section 449 of the Criminal Code of Canada. Section 449 of the Criminal Code of Canada which deals with making counterfeit money is aimed at protecting the public and financial institutions from fraud relating to currency. Definition “Counterfeit money” includes: a false coin or false paper money that resembles and is ...
Common Nuisance (s. 180) Laws in Canada
What is Common Nuisance? Common Nuisance is an offence under Section 180 of the Criminal Code of Canada. Section 180(1) of the Criminal Code of Canada which deals with common nuisance is aimed at protecting the public from actions that could endanger their lives, safety, or health. It defines a common nuisance as an activity that is dangerous or likely to cause physical ...
