Michael Oykhman
Theft Laws in Canada
Theft is a type of non-violent property offence that covers a variety of illegal acts, including shoplifting or taking the personal property of a friend, family member or stranger without consent. Theft is covered under s. 322(1) of the Criminal Code of Canada (the “Code”) and is generally divided into two categories: Theft over $5,000; and Theft under $5,000. There are also special categories ...
Criminal Harassment (s. 264) Laws in Canada
What is Criminal Harassment? Criminal harassment is covered under s. 264 of the Criminal Code. Criminal harassment is more commonly referred to as stalking, but the offence can include a wide range of acts. However, the acts typically follow repeated, but unwanted attempts to communicate with the complainant. Criminal harassment is a hybrid offence, where depending on the circumstances of your case, the ...
Police Trespassing: Charter Rights and Private Property
As you may know, ‘Charter rights’ refer to the rights and protections you are guaranteed under Canada’s Charter of Rights and Freedoms. In criminal law, the most important Charter rights are found in sections 7 to 14, collectively called your ‘legal rights.’ They are called legal rights because they apply specifically to legal proceedings and interactions with the police. One of these Charter rights, ...
Sexual Assault (s. 271) Laws in Canada
What is Sexual Assault? Sexual assault is covered under s.271 of the Criminal Code. Canada has a broad definition of sexual assault as sexual assaults can encompass a variety of sexually related charges such as those that involve the use of violence or a weapon. Generally speaking, sexual assault includes all unwanted sexual activity. There are three levels of sexual assault: general sexual ...
Can you spank your kids in Canada?
Yes, depending on the circumstances, you are permitted to spank your child in Canada. Usually, striking another person would be treated as assault in the legal system and might result in criminal charges, but section 43 of the Criminal Code creates an exception if you are using force on a child for corrective reasons. Section 43 states that you are justified in ...
Fraud Laws in Canada
A fraud charge is an umbrella term that can cover a broad range of acts. However, simply put, fraud involves unlawfully and deceitfully taking someone’s property, money or valuable security or any service. It is covered under s. 380 of the Criminal Code. The Criminal Code aims to differentiate the seriousness of the fraud by classifying the act as either fraud over $5,000.00 (s. ...
Age of Consent in Canada
When someone reaches the age of consent in Canada, they can legally agree to sexual activity. Meanwhile, the criminal law sets severe penalties for those who engage in sexual activities with young persons below the age of consent, penalizing such activities by Canadians both inside and outside of Canada. The law sets several exceptions and includes defences for those investigated or prosecuted ...
Is blackmail a crime in Canada?
Yes, it is illegal to blackmail someone in Canada. In criminal law, blackmail is known as ‘extortion,’ and it is a criminal offence under section 346 of the Criminal Code. What is blackmail (extortion)? Blackmail/extortion contains four parts: The use of threats, accusations, menaces, or violence against a person. The accused person had the intention to try and ‘get something’ from the other ...
