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Obtaining Property by False Pretences (s. 362) Laws in Canada
What is “Obtaining Property by False Pretences” in Canada? Obtaining property by false pretences is criminalized under s. 362 of the Criminal Code. In its own wording, “obtaining property by false pretenses” is just that! Generally, it involves fraudulent activity or behaviour which ultimately assists the accused in acquiring property he or she wouldn’t otherwise be entitled to. A false pretence is defined ...
Second-Degree Murder Laws: Intentional Killing without Premeditation
Introduction: What is Second-Degree Murder? In Canada, second-degree murder is a type of homicide. Homicide in Canada is either culpable or not (see: s. 222(2) of the Criminal Code). Culpable homicide includes crimes such as first-degree murder, second-degree murder, manslaughter, etc. Non-culpable homicide is not criminal (see: s. 222(3) of the Criminal Code). As per s. 229 of the Criminal Code, culpable homicide ...
Revenge Porn in Canada: Is posting revenge porn a crime?
What is revenge porn? Through the past decade and into recent years, the evolution of the smartphone and associated technology has simplified the facilitation of dissemination of information and photographs, and privacy and consent concerns have frequently been raised before the courts. This includes the unwanted distribution and dissemination of intimate photographs, and persons doing so for an unlawful, and in some cases, ...
First-Degree Murder Laws: Intentional Killing with Premeditation
Introduction: What is First-Degree Murder? In Canada, first-degree murder is a type of homicide. Homicide in Canada is either culpable or not (see: s. 222(2) of the Criminal Code). Culpable homicide includes crimes such as first-degree murder, second-degree murder, manslaughter, etc. Non-culpable homicide is not criminal (see: s. 222(3) of the Criminal Code). As per s. 229 of the Criminal Code, homicide is ...
What is an Absolute Discharge?
The unique circumstances which warrant an absolute discharge are carefully considered by the courts, balancing the responsibility of maintaining order, ensuring public safety, and determining an appropriate punishment for those who have been convicted of an offence. However, not all criminal offences warrant severe penalties or long-lasting consequences, particularly for first-time offenders or those involved in minor infractions. In such circumstances, an absolute discharge ...
Drug Production (7 CDSA) Laws in Canada
What is the Production of a Controlled Substance? Production of a Controlled Substance is an offence under section 7 of the controlled drugs and substances act. Examples An example of the offence of Production of a Controlled Substance may include: A person operates a clandestine lab out of the garage of a residence, where they mix various chemicals and ingredients in order to ...
Intimidation of a Justice System Participant or Journalist (s. 423.1) Laws in Canada
What is Intimidation of a Justice System Participant or Journalist? Intimidation of a Justice System Participant or Journalist is an offence under Section 423.1 of the Criminal Code of Canada. This section includes all “justice system participants”, such as police and peace officers, judges and justices, crown prosecutors, government officials, court administrators, witnesses, and confidential informants. Examples Some examples of the offence of ...
Mens Rea vs Actus Rea: What’s the Difference?
For the Crown to secure a conviction they need evidence that will establish the offence for which the accused is charged, that too beyond a reasonable doubt. Each offence in the Criminal Code is broken down into "elements" that are known as the actus reus and the mens rea. Both the actus reus and mens rea are considered essential elements that must be proven, ...
