Michael Oykhman
Obstructing Justice (s. 139) Laws in Canada
What is obstructing justice? Obstructing justice, also known as obstruction of justice, is a non-violent offence classified as an “offence against the administration of law and justice.” It criminalizes deliberate acts which seek to obstruct (or in other words interfere or hinder) the pursuit of justice. Obstructing justice is covered under s. 139 of the Criminal Code of Canada (the “Code”) and ...
Unauthorized Possession of a Firearm (s. 91) Laws in Canada
What is unauthorized possession of a firearm in Canada? Unauthorized possession of a firearm is laid out in section 91 of the Criminal Code. Possessing an unauthorized firearm means that you hold dominion or control over a firearm for which you are unlicensed or unregistered to be in possession of. There are three different classes of firearms: prohibited firearm; restricted firearm; and non-restricted ...
Sexual Interference (s. 151) Laws in Canada
What is sexual interference? Sexual interference is covered under s.151 of the Criminal Code. Sexual interference is similar to a charge of sexual assault; however, sexual interference is an offence that is committed when a person indirectly or directly touches any part of the body of a person younger than 16 years for a sexual purpose. Unlike, regular sexual assault, a charge of ...
Breach of Trust (s. 336) Laws in Canada
What is Breach of Trust? There are two common breach of trust laws in Canada. The first breach of trust law is breach of trust by a public officer, under s. 122 of the Criminal Code of Canada (the “Criminal Code”). The second breach of trust law is criminal breach of trust (“breach of trust”) under s. 336 of the Criminal Code. Breach of ...
Possession of Stolen Property (s. 355) Laws in Canada
What is “Possession of Stolen Property” in Canada? Possession of stolen property is criminalized under sections 354(1) and 355 of the Criminal Code. Section 354 makes the possession of stolen property a crime, and section 355 outlines the correlated punishment for the offence. You may be found guilty of possession of stolen property if: You were in possession of property; The property you ...
Self-Defence Laws in Canada: Explained By A Lawyer
Canadian citizens have a fundamental right to safeguard themselves and their property, and this right must be upheld as long as their defensive actions are reasonable and proportional to the circumstances. However, it is crucial to note that injuring an intruder or using lethal force is only justified when it is the only available option for self-defence against a perceived threat of severe bodily ...
Perjury Laws in Canada Explained
What is Perjury? In Canada, perjury is the offence of willfully telling an untruth in a court after having taken an oath or affirmation. Perjury is a serious offence in Canada, it may only be tried as an indictable offence. It is criminalized under section 131 of the Canadian Criminal Code. There are multiple elements within the act of perjury. One commits perjury when ...
Aggravated Assault (s. 268) Laws in Canada
What is aggravated assault? Aggravated assault is covered under s. 268 of the Criminal Code. Aggravated assault is considered the most serious of all assault charges. Aggravated assault occurs when you wound, maim, disfigure or endanger the life of another. In other words, this would be an assault in which the injuries are more than just minor or serious bodily harm; rather, they ...