Michael Oykhman
How To Beat An Alberta Immediate Roadside Sanction (IRS)
Structuring Your IRS Defence If you are reading this article, you have likely been issued a Notice of Administrative Penalty (NAP) as part of an Immediate Roadside Sanction (IRS). This legislation is new, and aims to penalize impaired drivers. The sanctions are covered in the following provisions of Alberta’s Traffic Safety Act (TSA): IRS: 24-HOUR (88, TSA) IRS Zero: Novice (88.01, TSA) ...
Is Pepper Spray Legal in Canada?
Whether pepper spray is legal in Canada depends on characteristics of the specific product, what it was designed for, and the intended use. The Criminal Code of Canada’s Regulation Prescribing Certain Firearms and Other Weapons as Prohibited or Restricted defines prohibited weapons as: Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge ...
How Long will my IRS Suspension be?
Under a recent revision to Alberta’s Traffic Safety Act, drivers suspected of operating a vehicle under the influence of alcohol or drugs can be given an Immediate Roadside Sanction (IRS) – including a license suspension and other potential penalties. The precise sanctions you will face depend on several factors, such as your class of license, the interpretation of your driving by law enforcement, ...
What is an Immediate Roadside Sanction (IRS)?
Alberta has always had strict DUI laws but, as of December 2020, they have become even harsher. The recent legislative changes have made an Immediate Roadside Sanction (IRS) more likely if you are stopped and suspected of driving under the influence of alcohol or drugs. But who exactly could this affect? And what does it mean for your driving privileges? Changes ...
Difference Between First Degree Murder, Second Degree Murder, and Manslaughter
The Canadian Criminal Code sets out two distinct types of homicide: culpable homicide (murder) and non-culpable homicide (this is not an offence within the Criminal Code). Culpable homicide within the Canadian Criminal Code includes murder, manslaughter and infanticide. As per section 222(5) of the Criminal Code, “a person commits culpable homicide when he causes the death of a human being, by means of ...
Indictable Offence vs Summary Offence: What’s the Difference?
What is an indictable offence? An indictable offence is often considered a more serious offence due to the greater penalties and sentences associated with it. Due to the seriousness of the crimes, the penalty for an indictable offence is up to life imprisonment, which is 25 years. If your offence is classified as indictable, this means that you may be eligible for a ...
Federal Obligations And Restrictions In Response To COVID-19
In response to the COVID-19 pandemic, the Federal government has issued Emergency Orders under the Quarantine Act, revamped after the SARS epidemic hit Ontario in 2003. There are many measures and powers listed under the Act, but the key ones Canadians entering the country during this pandemic must follow are: Self-isolate for 14 days after returning from any international destination, including the USA; Go ...
Sexual Interference Laws in Canada
What is Sexual Interference? Sexual interference is an offence under the Criminal Code of Canada (the “Code”), that encompasses the touching “directly or indirectly” of a person under the age of 16. Crimes against children are treated very seriously in Canadian society, therefore if you or a loved one face this type of charge, it is crucial that you have the help of a ...
