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Trespassing at Night (s. 177) Laws in Canada
Trespassing at night is a criminal offence in Canada, covered under s. 177 of the Criminal Code. As the name suggests, trespassing at night involves standing around, walking through, or otherwise loitering on another person’s property at night. However, the offence is not necessarily as simple as that. The Criminal Code provision states that the offence is for people who ‘loiter’ or ‘prowl’ ...
Homicide (s. 234, s. 235, s. 236) Laws in Canada
What is Homicide? Sections 222(1)-(6)of 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). The plain meaning of the term ‘culpable’ means “deserving blame”. Culpable homicide within the Canadian Criminal Code includes murder, manslaughter and infanticide. This article outlines the offences, defences and punishments for murder ...
Hostage Taking (s. 279.1(1)) Laws in Canada
What is “hostage taking” in Canada? Hostage taking is criminalized under s. 279.1(1) of the Canadian Criminal Code. It involves three main acts: Inducing a person, group, state, international organization or intergovernmental organization other than a hostage to commit or cause to be committed any act or omission as a condition, whether express or implied, as a contingency for the release of the ...
Weapons Trafficking Laws in Canada
Weapons Trafficking is covered under s. 99 of the Criminal Code. Section s. 100 of the Criminal Code is another weapons trafficking charge but covers situations where the accused possesses a weapon for the purpose of trafficking. Weapons Trafficking is a serious criminal offence known as a straight indictable offence, resulting in jail time upon conviction. A person can be subject to imprisonment for ...
Prostitution Laws in Canada: Is Sex Work Legal?
Prostitution is not defined in the Criminal Code which means that the definition of prostitution is understood through case law. Generally, prostitution is understood to be the exchange of sexual services for money or goods. Three elements must be met in order for someone to characterize an act as prostitution: Provision of sexual services; The indiscriminate nature of the act; and Some form of ...
Parole and Probation in Canada: Get Out of Jail!
What is parole? Parole is a conditional release that allows some offenders to continue to serve part of their sentence outside of the institution in the community under the supervision of a Correctional Service of Canada (CSC) parole officer, and subject to conditions. This means that some offenders are able to be released from jail early. However, it is important to note that ...
Counterfeiting Laws in Canada Expained
What is counterfeiting? Counterfeiting is covered under s.448, s.449, s.450, and s.452 of the Criminal Code of Canada. Counterfeiting is defined extensively in these sections and refers to the making, possession, or uttering of counterfeit money. Uttering of counterfeit money includes selling, paying, tendering, and putting off a counterfeit. Counterfeiting is a straight indictable offence in Canada. This means that the Crown can only ...
Contempt of Court Laws in Canada Explained
What is Contempt of Court? Contempt of court is covered under s. 708 of the Criminal Code. Contempt of court encompasses when a person fails to attend court or to remain in attendance while in court. To be charged with contempt of court, a person must be required by law to attend court or to remain in attendance to give evidence. It is up ...
