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Extortion (s. 346 (1)) Laws in Canada
What is Extortion? Extortion is an offence which is covered under s.346(1) of the Criminal Code. Extortion is defined in the Criminal Code as making “threats, accusations, menaces or violence” in order to force the complainant to do something, which usually involves, but is not limited to, paying a sum of money. However, a threat to sue is not considered a “threat” amounting ...
Theft Laws in Canada
Theft is a type of non-violent property offence that covers a variety of illegal acts, including shoplifting or taking the personal property of a friend, family member or stranger without consent. Theft is covered under s. 322(1) of the Criminal Code of Canada (the “Code”) and is generally divided into two categories: Theft over $5,000; and Theft under $5,000. There are also special categories ...
Criminal Harassment (s. 264) Laws in Canada
What is Criminal Harassment? Criminal harassment is covered under s. 264 of the Criminal Code. Criminal harassment is more commonly referred to as stalking, but the offence can include a wide range of acts. However, the acts typically follow repeated, but unwanted attempts to communicate with the complainant. Criminal harassment is a hybrid offence, where depending on the circumstances of your case, the ...
Sexual Assault (s. 271) Laws in Canada
What is Sexual Assault? Sexual assault is covered under s.271 of the Criminal Code. Canada has a broad definition of sexual assault as sexual assaults can encompass a variety of sexually related charges such as those that involve the use of violence or a weapon. Generally speaking, sexual assault includes all unwanted sexual activity. There are three levels of sexual assault: general sexual ...
Can you spank your kids in Canada?
Yes, depending on the circumstances, you are permitted to spank your child in Canada. Usually, striking another person would be treated as assault in the legal system and might result in criminal charges, but section 43 of the Criminal Code creates an exception if you are using force on a child for corrective reasons. Section 43 states that you are justified in ...
Fraud Laws in Canada
A fraud charge is an umbrella term that can cover a broad range of acts. However, simply put, fraud involves unlawfully and deceitfully taking someone’s property, money or valuable security or any service. It is covered under s. 380 of the Criminal Code. The Criminal Code aims to differentiate the seriousness of the fraud by classifying the act as either fraud over $5,000.00 (s. ...
Is Pepper Spray Legal in Canada?
Whether pepper spray is legal in Canada depends on characteristics of the specific product, what it was designed for, and the intended use. The Criminal Code of Canada’s Regulation Prescribing Certain Firearms and Other Weapons as Prohibited or Restricted defines prohibited weapons as: Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge ...
Mental Health Diversion in Canada
What is Mental Health Diversion? Disclaimer: Mental health diversion can vary significantly by province. For location specific information, please select the location nearest you and consult the mental health diversion page. Alternatively, contact one of our dedicated criminal defence lawyers in your area. In any given year, approximately 1 in 5 Canadians will experience a mental health problem or illness. ...
