Violent Offences
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 ...
Animal Cruelty (s. 445 – 447) Laws in Canada
What is animal cruelty? Animal cruelty laws are covered under s.445 to s.447 of the Criminal Code. Under these sections of the Criminal Code it is an offence to willfully cause animals to suffer from neglect, pain or injury. There has been much criticism directed towards animal cruelty laws in Canada by academics and legal scholars alike. This is due to the wording ...
Arson Laws in Canada Explained
Arson involves causing damage to property by intentionally or recklessly causing a fire or an explosion. It is relatively rare in comparison to other criminal offences but is still considered a serious crime in Canada. The Criminal Code of Canada (the “Code”) identifies five separate offences for arson, in sections 433 through 436. Arson Examples Examples of arson include: Setting fire to your car; Not ...
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 ...
Is blackmail a crime in Canada?
Yes, it is illegal to blackmail someone in Canada. In criminal law, blackmail is known as ‘extortion,’ and it is a criminal offence under section 346 of the Criminal Code. What is blackmail (extortion)? Blackmail/extortion contains four parts: The use of threats, accusations, menaces, or violence against a person. The accused person had the intention to try and ‘get something’ from the other ...
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 ...
Difference Between First Degree Murder, Second Degree Murder, and Manslaughter
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). Culpable homicide within the Canadian Criminal Code includes murder, manslaughter and infanticide. As per section 222(5) of the Criminal Code, “a person commits culpable homicide when he causes the death of a human being, by means of ...
A criminal defence lawyer’s top 5 tips for dealing with a violent offence charge
If you have been charged with a violent offence it is vital that you stay away from the complainant, even if they ask to see you again. When you are charged and released for a violent offence, you are typically released with bail conditions that may require you to refrain from contacting the victim of your crime. If you have been charged with domestic ...
