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Obscenity (s. 163) Laws in Canada

What is an obscenity charge? The offence of obscenity is covered under s. 163 of the Criminal Code and includes the distribution, possession, creation, or production of explicit and sexually explicit material that is considered obscene. What is considered obscene under Canadian law, is any sexually explicit material that depicts crime, horror, cruelty, and violence. The offence of abandoning a child is found ...

Abandoning Child Laws in Canada Explained

The offence of abandoning a child is covered under s. 218 of the Criminal Code and includes exposing a child who is under the age of 10, so that their life is endangered or likely to be endangered. Abandoning a child also includes exposing a child so their health is likely or has been permanently injured. The offence of abandoning a child is found ...

Canadian Miranda Rights: Your Right to Remain Silent

The concept of “Miranda Rights” does not exist in Canada. However, individuals in Canada have certain rights and protections when being arrested or detained by law enforcement officials. These rights are outlined in the Canadian Charter of Rights and Freedoms, which is part of the Constitution of Canada. When a person is arrested or detained in Canada, that are entitled to the following rights: ...

Life Imprisonment Sentence in Canada

In Canada, a life imprisonment sentence is by far the most severe punishment for certain serious crimes. Although many indictable offences are legislated with the maximum penalty of life imprisonment, this sentence is rarely imposed by the courts, and is almost exclusively for serious and/or violent offences. Offences such as first-degree murder, treason, and aggravated sexual assault can lead to a life imprisonment ...

Libel vs Slander in Canada: What’s the Difference?

Known more commonly as their umbrellaed term “defamation”, libel and slander constitute untrue statements made that are harmful to a reputation. These statements can be made directed at people, businesses, organizations, groups, nations, products, etc. Depending on the kind of defamation, one who defames another can be held accountable both civilly and criminally. What is the difference between libel and slander? While both ...

False Accusations: What To Do if You’re Falsely Accused of a Crime

Being falsely accused of a crime is a distressing and challenging situation that can have profound consequences on an individual's life. If you find yourself facing false criminal charges, it is difficult to overstate the helplessness, despair, and overall distrust in the system you may feel. It is essential to respond with a clear and strategic approach. At Strategic Criminal Defence, we are ...

Canada’s National Sex Offender Registry

Canada’s National Sex Offender Registry (NSOR) is a byproduct of the Sex Offender Information Registration Act (SOIRA). In short, NSOR is a database which stores readily accessible data for Canadian policing agencies about convicted persons of certain “designated offences”. The purpose of NSOR as described by Parliament is to “help police services prevent and investigate crimes of a sexual nature by requiring the ...

Battery: What Does it Mean in Canadian Law?

Understanding the legal distinctions between criminal offences is essential for navigating the intricacies of the Canadian legal system. When it comes to physical altercations, the terms “assault” and “battery” are often used interchangeably, but it is important to recognize their differences within the Canadian context. Assault is a recognized offence in Canadian law, battery is not. Consequently, it is more appropriate to examine ...

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