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Michael Oykhman

Administering A Noxious Substance (s. 245) Laws in Canada

What is administering a noxious substance? Administering a noxious substance is an offence under Section 245 of the Criminal Code of Canada.  This section makes it a criminal offence for a person who administers, or causes to be administered to any other person, or causes any other person to consume poison or any other destructive/harmful substance. Section 245 of the Criminal Code states ...

Breach of Trust By Public Officer (s. 122) Laws in Canada

What is a breach of trust by public officer? Breach of trust is an offence under Section 122 of the Criminal Code of Canada. This section makes it a criminal offence for a public officer to intentionally and knowingly commit an act that violates the duties of their office or position of trust, for the purpose of gaining a person benefit or causing ...

Unauthorized Use of Computer (s. 342.1) Laws in Canada

What is an unauthorized use of a computer charge? The unauthorized use of a computer is covered under s. 342.1 of the Criminal Code. Unauthorized use of a computer is found in Part IX of the Criminal Code which covers “Offences Against Rights of Property.” An unauthorized use of a computer charge occurs when a person fraudulently obtains any computer service, intercepts a ...

Aggravated Sexual Assault (s. 273) Laws in Canada

What is an aggravated sexual assault charge? Sexual assault is covered under s.273 of the Criminal Code. Canada has a broad definition of sexual assault as sexual assaults can encompass a variety of sexually related charges such as those that involve the use of violence or a weapon. Generally speaking, sexual assault includes all unwanted sexual activity. There are three levels of sexual ...

Overcoming Resistance (s. 246) Laws in Canada

What is an Overcoming Resistance charge? In Canada, the offence of overcoming resistance is a serious criminal offence that can be laid in conjunction with other charges such as assault, assault with a weapon, and sexual assault. This charge can be added when someone chokes, strangles, suffocates, or otherwise incapacitates another person in order to commit another offence. The act of choking can ...

Possession of Unauthorized Firearm (s. 92) Laws in Canada

What is a possession of unauthorized firearm charge? The offence of possession of unauthorized firearms is found under s.92 of the Criminal Code. The offence of possession of unauthorized firearm is found in Part III of the Criminal Code relating to "Firearms and Other Weapons". Offences under s.92 of the Criminal Code are straight indictable offences. Examples Some examples of possession of unauthorized ...

Theft and Forgery of a Credit Card (s. 342) Laws in Canada

What is theft and forgery of a credit card in Canada? Theft and forgery of a credit card is criminalized under section 342 of the Criminal Code of Canada. Unsurprisingly the section generally prohibits theft of a credit card (s. 342(1)(a)) and forgery (which can include falsifying/copying credit card information) [s. 342(1)(b)]. It also captures an array of other acts relating to stolen ...

Assault Peace Officer (S. 270) Laws in Canada

What is “assault of a peace officer” in the Canadian criminal code? Assault of a peace officer is criminalized under section 270 of the Canadian Criminal Code. The operative aspect of the offence (i.e., the act of “assault”) as defined by the Criminal Code under section 265(1) is no different than say in committing a “common assault” as criminalized under section 266 of ...

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