Michael Oykhman

Kidnapping and Unlawful Confinement are covered under s.279(1) and (2) of the Criminal Code. These offences are found in Part VIII of the Criminal Code concerning "Offences Against the Person and Reputation". There is a subtle distinction between kidnapping and unlawful confinement. Unlawful confinement generally requires depriving a person's liberty so they cannot move from one point to another. Kidnapping involves taking control of ...

What is an escape from lawful custody charge? Escape from lawful custody is covered under s. 145(1) of the Criminal Code found in Part IV. Part IV covers “Offences Against the Administration of Law and Justice.” An escape from lawful custody charge occurs when a person escapes lawful custody, meaning they have escaped when they have been arrested in accordance with the law. ...

What is a prison breach charge? Prison breach is covered under s.144 of the Criminal Code. Offences relating to prison breach are found in Part IV of the Criminal Code concerning "Offences Against the Administration of Law and Justice". Under s.144 there are two ways in which the offence of prison breach can be committed. However, regardless of which way the offence is ...

What is a Pointing a Firearm charge? The offence of pointing a firearm is covered under s.87 of the Criminal Code.   Offences relating to pointing a firearm are found in Part III of the Criminal Code relating to "Firearms and Other Weapons". This section creates an offence for pointing a firearm at another person without lawful excuse. The offence is committed whether ...

Disclaimer: this article applies to the sex offender registry in Canada only. Other countries have their own similar registries, with very different parameters, rules, and processes. It is unlikely that anything in this article would apply beyond Canada. The Government of Canada has demonstrated a clear intent to track as many people as possible for as long as possible through SOIRA. However, the ...

What is an Invitation to Sexual Touching charge? Invitation to Sexual Touching is covered under s. 152 of the Criminal Code. An invitation to sexual touching occurs when a person touches someone under the age of 16 years for a sexual purpose. Or, if that person has someone under the age of 16 touch them for a sexual purpose. Sexual touching can occur ...

Intimidation is an offence which is covered under s.423 of the Criminal Code. Intimidation is a serious offence in Canada. Criminal intimidation, under s.423(1), is a hybrid offence, where depending on the circumstances of your case, the Crown can elect to proceed either summarily or by indictment. Examples Intimidation under s.423(1) is defined in the Criminal Code as “wrongfully and without lawful authority, compelling ...

What is public incitement of hatred in Canada?   Public incitement of hatred is covered under s.319 of the Criminal Code. Public incitement of hatred is often referred to as a hate-motivated crime. Before the police can charge you with an offence under s.319 of the Criminal Code they need to conduct an investigation and get consent from the attorney general to prosecute ...