Michael Oykhman

The unique circumstances which warrant an absolute discharge are carefully considered by the courts, balancing the responsibility of maintaining order, ensuring public safety, and determining an appropriate punishment for those who have been convicted of an offence. However, not all criminal offences warrant severe penalties or long-lasting consequences, particularly for first-time offenders or those involved in minor infractions. In such circumstances, ...

What is the Production of a Controlled Substance? Production of a Controlled Substance is an offence under section 7 of the controlled drugs and substances act. Examples An example of the offence of Production of a Controlled Substance may include: A person operates a clandestine lab out of the garage of a residence, where they mix various chemicals and ingredients in order to ...

What is Intimidation of a Justice System Participant or Journalist? Intimidation of a Justice System Participant or Journalist is an offence under Section 423.1 of the Criminal Code of Canada.  This section includes all “justice system participants”, such as police and peace officers, judges and justices, crown prosecutors, government officials, court administrators, witnesses, and confidential informants. Examples Some examples of the offence of ...

For the Crown to secure a conviction they need evidence that will establish the offence for which the accused is charged, that too beyond a reasonable doubt. Each offence in the Criminal Code is broken down into "elements" that are known as the actus reus and the mens rea. Both the actus reus and mens rea are considered essential elements that must be proven, ...

What is Fraudulent Concealment? Fraudulent concealment is an offence under Section 341 of the Criminal Code of Canada. This section may often be referred to as “embezzlement” in other contexts, such as an American crime drama television series. It makes it a criminal offence for everyone who, for a fraudulent purpose, takes, obtains, removes, or conceals anything, and is commonly investigated as a ...

What is Bribery? Bribery is an offence under sections 119 and 120 of the Criminal Code of Canada. In the Criminal Code of Canada, bribery is a criminal offence that involves offering, giving, receiving, or soliciting something of value in exchange for an act or omission, or for the exercise of influence or power. Examples Examples of the offence of Bribery may include: ...

What is a fraudulently obtaining food, beverage or accommodation charge?  Fraudulently obtaining food, beverage or accommodation is covered under s. 364 of the Criminal Code found in Part IX. Part IX covers “Offences Against Rights of Property.” A fraudulently obtaining food, beverage or accommodation charge occurs when a person obtains food, beverage, or accommodation fraudulently at any place that is in the business ...

What is the Abduction of a Young Person in Canada? Abducting a young person is criminalized under sections 280-286 of the Canadian Criminal Code within Part VIII – Kidnapping, Trafficking in Persons, Hostage Taking and Abduction.  There are essentially four categories or ‘classifications’ of child abduction in Canada. The abduction of a person under the age of 16 (see: 280). The abduction of ...