Michael Oykhman
Death Penalty in Canada: Can You Be Sentenced to Death in Canada
The death penalty, commonly referred to as capital punishment, is a legal sanction that imposes death as a punishment for certain crimes deemed egregious or heinous enough to warrant such a severe penalty by the state. However, Canada has a unique (and arguably progressive) stance on the death penalty, as it abolished capital punishment many years ago, citing humanitarian reasons. At present, following ...
Manslaughter: Unplanned Death and Criminal Negligence
What is Manslaughter? As per section 234 of the Criminal Code, “[c]ulpable homicide that is not murder or infanticide is manslaughter”. If the intent (mens rea) elements of murder cannot be proven (in other words, the accused did not intend to cause the victim’s death), but the accused still causes his death by (a) means of an unlawful act; (b) criminal negligence; (c) causing that ...
Fabricating Evidence (s. 137) Laws in Canada
What is Fabricating Evidence? Fabricating evidence is an offence under Section 137 of the Criminal Code of Canada. Section 137 of the Criminal Code states that everyone who: Fabricating evidence 137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or ...
Disarming a Peace Officer (s. 270.1) Laws in Canada
What is Disarming a Peace Officer? Disarming a peace officer is an offence under Section 270.1 of the Criminal Code of Canada. This section makes it an offense to take, or attempt to take, a weapon from a peace officer without their consent while they are performing their duties. A weapon is anything which can be, or is designed to be, used to ...
Obtaining Property by False Pretences (s. 362) Laws in Canada
What is “Obtaining Property by False Pretences” in Canada? Obtaining property by false pretences is criminalized under s. 362 of the Criminal Code. In its own wording, “obtaining property by false pretenses” is just that! Generally, it involves fraudulent activity or behaviour which ultimately assists the accused in acquiring property he or she wouldn’t otherwise be entitled to. A false pretence is defined ...
Second-Degree Murder Laws: Intentional Killing without Premeditation
Introduction: What is Second-Degree Murder? In Canada, second-degree murder is a type of homicide. Homicide in Canada is either culpable or not (see: s. 222(2) of the Criminal Code). Culpable homicide includes crimes such as first-degree murder, second-degree murder, manslaughter, etc. Non-culpable homicide is not criminal (see: s. 222(3) of the Criminal Code). As per s. 229 of the Criminal Code, culpable homicide ...
Revenge Porn in Canada: Is posting revenge porn a crime?
What is revenge porn? Through the past decade and into recent years, the evolution of the smartphone and associated technology has simplified the facilitation of dissemination of information and photographs, and privacy and consent concerns have frequently been raised before the courts. This includes the unwanted distribution and dissemination of intimate photographs, and persons doing so for an unlawful, and in some cases, ...
First-Degree Murder Laws: Intentional Killing with Premeditation
Introduction: What is First-Degree Murder? In Canada, first-degree murder is a type of homicide. Homicide in Canada is either culpable or not (see: s. 222(2) of the Criminal Code). Culpable homicide includes crimes such as first-degree murder, second-degree murder, manslaughter, etc. Non-culpable homicide is not criminal (see: s. 222(3) of the Criminal Code). As per s. 229 of the Criminal Code, homicide is ...
