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Possession of Stolen Property (s. 355) Laws in Canada
What is “Possession of Stolen Property” in Canada? Possession of stolen property is criminalized under sections 354(1) and 355 of the Criminal Code. Section 354 makes the possession of stolen property a crime, and section 355 outlines the correlated punishment for the offence. You may be found guilty of possession of stolen property if: You were in possession of property; The property you ...
Self-Defence Laws in Canada: Explained By A Lawyer
Canadian citizens have a fundamental right to safeguard themselves and their property, and this right must be upheld as long as their defensive actions are reasonable and proportional to the circumstances. However, it is crucial to note that injuring an intruder or using lethal force is only justified when it is the only available option for self-defence against a perceived threat of severe bodily ...
Perjury Laws in Canada Explained
In Canada, perjury is the offence of willfully telling an untruth in a court after having taken an oath or affirmation.Perjury is a serious offence in Canada, it may only be tried as an indictable offence. It is criminalized under section 131 of the Canadian Criminal Code.There are multiple elements within the act of perjury. One commits perjury when they:give evidenceunder oath or solemn affirmationbefore ...
Aggravated Assault (s. 268) Laws in Canada
What is aggravated assault? Aggravated assault is covered under s. 268 of the Criminal Code. Aggravated assault is considered the most serious of all assault charges. Aggravated assault occurs when you wound, maim, disfigure or endanger the life of another. In other words, this would be an assault in which the injuries are more than just minor or serious bodily harm; rather, they ...
Robbery (s. 322 (1)) Laws in Canada
Robbery is a violent property offence that is considered one of the most serious under Canadian criminal law. Individuals charged with robbery are often subsequently charged with other violent offences including assault and theft. The offence is covered under s. 343 of the Criminal Code of Canada (the “Code”) and is a straight indictable offence, meaning the expected punishment is more serious. There are ...
Drug Trafficking (s.5 of the CDSA) Laws in Canada
What is drug trafficking in Canada? Drug trafficking offences are covered under s.5 of the Controlled Drugs and Substances Act (“CDSA”). Under s.5(1) of the CDSA, it is an offence to traffic in a substance included in Schedule I, II, III, IV, or V. However, s.5(2) of the CDSA makes it a crime to possess such substances for the purpose of trafficking. Drug ...
Break and Enter Laws in Canada
Breaking and entering or as commonly referred to as a “B&E” offence, is criminalized under sections 348(1)-(3) of the Criminal Code. In Canada, breaking and entering involves either: entry into a “place” with the intent to commit an indictable offence; entry into a “place” where one commits an indictable offence; or breaking out of a “place” after having committed an indictable offence or after ...
Mischief Laws in Canada
Mischief is covered under s.430 of the Criminal Code. This section of the Criminal Code describes the offence of mischief in its various forms. Most typically this offence involves property damage such as vandalism. Mischief involves willfully destroying or damaging property, rendering that property useless, dangerous, inoperative or ineffective, or obstructing, interrupting, or interfering with the lawful use, enjoyment or operation of property. Mischief ...
