Michael Oykhman
Robbery (s. 322 (1)) Laws in Canada
What is Robbery? Robbery is a violent property offence that is considered one of the most serious under Canadian criminal law. Individuals charged with robbery are often subsequently charged with other violent offences including assault and theft. The offence is covered under s. 343 of the Criminal Code of Canada (the “Code”) and is a straight indictable offence, meaning the expected punishment is ...
Drug Trafficking (s.5 of the CDSA) Laws in Canada
What is drug trafficking in Canada? Drug trafficking offences are covered under s.5 of the Controlled Drugs and Substances Act (“CDSA”). Under s.5(1) of the CDSA, it is an offence to traffic in a substance included in Schedule I, II, III, IV, or V. However, s.5(2) of the CDSA makes it a crime to possess such substances for the purpose of trafficking. Drug ...
Break and Enter Laws in Canada
Breaking and entering or as commonly referred to as a “B&E” offence, is criminalized under sections 348(1)-(3) of the Criminal Code. In Canada, breaking and entering involves either: entry into a “place” with the intent to commit an indictable offence; entry into a “place” where one commits an indictable offence; or breaking out of a “place” after having committed an indictable offence or after ...
Mischief Laws in Canada
Mischief is covered under s.430 of the Criminal Code. This section of the Criminal Code describes the offence of mischief in its various forms. Most typically this offence involves property damage such as vandalism. Mischief involves willfully destroying or damaging property, rendering that property useless, dangerous, inoperative or ineffective, or obstructing, interrupting, or interfering with the lawful use, enjoyment or operation of property. Mischief ...
Impaired Driving and Over 80 (s. 320.14 (1)) Laws in Canada
Impaired driving charges consist of operating a motor vehicle, vessel, or aircraft while your ability to do so is impaired by alcohol or drugs. This offence is concerned with the effect that alcohol or drugs had on the accused’s ability to drive. The offence is also known generally as Driving Under the Influence (DUI), however, this is an American term not used in the ...
Animal Cruelty (s. 445 – 447) Laws in Canada
What is animal cruelty? Animal cruelty laws are covered under s.445 to s.447 of the Criminal Code. Under these sections of the Criminal Code it is an offence to willfully cause animals to suffer from neglect, pain or injury. There has been much criticism directed towards animal cruelty laws in Canada by academics and legal scholars alike. This is due to the wording ...
Arson Laws in Canada Explained
Arson involves causing damage to property by intentionally or recklessly causing a fire or an explosion. It is relatively rare in comparison to other criminal offences but is still considered a serious crime in Canada. The Criminal Code of Canada (the “Code”) identifies five separate offences for arson, in sections 433 through 436. Arson Examples Examples of arson include: Setting fire to your car; Not ...
Extortion (s. 346 (1)) Laws in Canada
What is Extortion? Extortion is an offence which is covered under s.346(1) of the Criminal Code. Extortion is defined in the Criminal Code as making “threats, accusations, menaces or violence” in order to force the complainant to do something, which usually involves, but is not limited to, paying a sum of money. However, a threat to sue is not considered a “threat” amounting ...
