Michael Oykhman
Prostitution Laws in Canada: Is Sex Work Legal?
Prostitution is not defined in the Criminal Code which means that the definition of prostitution is understood through case law. Generally, prostitution is understood to be the exchange of sexual services for money or goods. Three elements must be met in order for someone to characterize an act as prostitution: Provision of sexual services; The indiscriminate nature of the act; and Some form of ...
Parole and Probation in Canada: Get Out of Jail!
What is parole? Parole is a conditional release that allows some offenders to continue to serve part of their sentence outside of the institution in the community under the supervision of a Correctional Service of Canada (CSC) parole officer, and subject to conditions. This means that some offenders are able to be released from jail early. However, it is important to note that ...
Counterfeiting Laws in Canada Expained
What is counterfeiting? Counterfeiting is covered under s.448, s.449, s.450, and s.452 of the Criminal Code of Canada. Counterfeiting is defined extensively in these sections and refers to the making, possession, or uttering of counterfeit money. Uttering of counterfeit money includes selling, paying, tendering, and putting off a counterfeit. Counterfeiting is a straight indictable offence in Canada. This means that the Crown can only ...
Contempt of Court Laws in Canada Explained
What is Contempt of Court? Contempt of court is covered under s. 708 of the Criminal Code. Contempt of court encompasses when a person fails to attend court or to remain in attendance while in court. To be charged with contempt of court, a person must be required by law to attend court or to remain in attendance to give evidence. It is up ...
Attempted Murder (s. 239) Laws in Canada
What is “Attempted Murder” in Canada Attempted murder is criminalized under section 239 of the Criminal Code of Canada. Attempted murder is a very serious offence and is, therefore, automatically prosecuted as a straight indictable offence (the more serious category of the two types of criminal offences in Canada). Attempted murder involves an intention to kill which is either interrupted or not followed ...
Sexual Exploitation (s. 153 (1)) Laws in Canada
What is Sexual Exploitation? Sexual exploitation encompasses the touching “directly or indirectly” of a person between 16-17 years of age for a sexual purpose. It is covered under s. 153(1) of the Criminal Code of Canada (the “Code”). Technological advances in the last 15-20 years have led to an increase in sexual exploitation charges. This is largely because young people are being lured ...
Defamatory Libel Laws in Canada Explained
What is Defamatory Libel? Defamatory libel is covered under sections 297 to 317 of the Criminal Code of Canada. Defamation is defined by the Oxford English Dictionary as “[t]he action of impugning a person’s good name or reputation”. Commonly, defamation occurs via “libel”, which entails written statements, or “slander”, which entails spoken statements. In Canada, defamation is referred to as “defamatory libel” and is ...
Solicitation (s. 213) Laws in Canada
What is Solicitation? Solicitation is covered under s. 213 of the Criminal Code. In Canada, solicitation refers to the act of trying to stop, impede, and/or communicate with someone in order to offer/sell/provide sexual services. This communication can be in general terms and does not need to describe specific sexual acts or money. The courts rely on the context of the situation in ...
