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Michael Oykhman

Child Pornography Laws in Canada

Child pornography is addressed under section 163.1 (1) of the Criminal Code of Canada (the “Code”). This severe offence is classified in Canadian law as an offence “tending to corrupt morals.” There are four primary offences within the parameters of child pornography covered by the Code: Accessing child pornography; Possessing child pornography; Distributing child pornography; and Making child pornography. All four offences carry lengthy ...

Child Luring Laws in Canada

Child luring is covered under s.172.1 of the Criminal Code. You can be charged with child luring if you use the internet to communicate with someone who you know is not 18 years or older with the intent to commit sexual exploitation, incest, child pornography, or sexual assault. The purpose of s.172.1 of the Criminal Code is to criminalize child luring to protect children, ...

Uttering Threats Laws in Canada

Uttering threats refers to making statements expressing an intention to cause physical harm or death to someone, damaging their property, or injuring an individual’s animal or bird. Uttering threats is covered under s.264.1 of the Criminal Code. Prosecuting an individual for an uttering threat charge does not require a copious amount of evidence, rather, such cases often revolve around whether the judge believes the ...

The Statute of Limitations for Criminal Offences in Canada

The statute of limitations is a legal principle that sets a time limit for which criminal charges can be filed for a specific offence since the date which the alleged offence occurred. In Canada, unlike the United States, there is no statute of limitations that prevents the prosecution of many serious criminal charges at any time after the crime occurs. Anyone can contact the ...

Weapons Trafficking Laws in Canada

Weapons trafficking is covered under s. 99(2) of the Criminal Code, found in Part III. Part III covers “Firearms and Other Weapons.” Section 99(1) sets out the offence as involving a person manufacturing, transferring, or offering to manufacture or transfer one of the following: a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition ...

Break and Enter to Steal Firearm Laws in Canada

Break and enter to steal firearms is covered under s. 98(4) of the Criminal Code, found in Part III. Part III covers “Firearms and Other Weapons.” A break and enter to steal firearms charge occurs when one breaks in or out of a place and steals a firearm. In terms of breaking in, this offence occurs when one breaks and enters into a place ...

Procuring Identity Documents Laws in Canada

Procuring identity documents is covered under s. 56.1(1)  of the Criminal Code found in Part II. Part II covers “Offences Against Public Order”. A procuring identity documents charge occurs when an individual, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale identity documents. The identity documents in question must relate or purport to relate, in whole or in part, ...

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