Michael Oykhman
Understanding Quasi-Criminal Laws in Canada
Quasi-criminal prosecutions play a significant role in the Canadian legal system, addressing offences that fall between civil and criminal law, dealing with breaches of Regulatory or Administrative Law, rather than Criminal Law. Ultimately, they consist of regulatory and statutory violations, with the intention of maintaining public safety, protecting the environment, and ensuring compliance with various laws. Overview of Quasi-Criminal Prosecutions Quasi-criminal offences are distinct ...
Indignity or Neglect of Dead Body Laws in Canada
What is an indignity or neglect of dead body charge? Indignity or neglect of dead body is covered under s. 182 of the Criminal Code. This charge occurs when a person neglects to perform their legal duty to bury a dead human body or to bury human remains, or if a person interferes in an improper, indecent or undignified way with a dead ...
Counselling Suicide Laws in Canada
What is a counselling suicide charge? A counselling suicide charge is covered under s. 241 of the Criminal Code found in Part VIII. Part VIII covers “Offences Against the Person.” A counselling charge occurs when a person counsels another person to die by suicide, abets another person by dying in suicide, or aids another person to die by suicide. In other words, a ...
False Statements Laws in Canada
What is a False Statement? 134 (1) every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is ...
Understanding Extradition Treaties in Canada
What is an extradition treaty? Extradition treaties are an essential tool relative to international law enforcement. They allow different countries to cooperate in the transfer of custody of persons accused or convicted of crimes in various jurisdictions (across borders) for the purpose of prosecution and/or incarceration. Extradition treaties play a pivotal role in facilitating this cooperation, establishing the legal framework and procedures ...
Stay of Proceedings in Criminal Trials: Temporary Halt or Permanent End
Stay of Proceedings A stay of proceedings refers to the suspension or halting of court proceedings, which can be initiated either at the direction of the prosecuting authority (prosecutorial stay) or by a judge (judicial stay). In the case of a prosecutorial stay, the Crown holds the authority to suspend the proceedings, they have the option to restart the legal process within a ...
What is the Difference Between Absolute Liability, Strict Liability, and Full Mens Rea?
As a general principle, the concept of a strict liability offence merely requires the prosecution to prove the action or actus reus of the offence. Mens rea, or intent, is not required to prove the offence in a prima facie case. Strict liability are considered regulatory offences, and there is no requirement that the prosecution prove there was an intention to commit the ...
Truancy Laws in Canada Explained
Truancy in Canada refers to the unauthorized or unjustified absence of a student from school. It is often referred to as unexcused absences. It entails a deliberate violation of compulsory attendance laws, with each province establishing its own guidelines on attendance requirements. While truancy is not a criminal offence under the Canadian Criminal Code, its implications are addressed through provincial regulations. How are truancy ...
