Weapons Trafficking (with any aggravating elements made out) (s. 99(2)) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Weapons trafficking is covered under s. 99(2) of the Criminal Code, found in Part III. Part III covers “Firearms and Other Weapons.” Section 99(1) sets out the offence as involving a person manufacturing, transferring, or offering to manufacture or transfer one of the following: a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition. This offence is classified as indictable. Examples Some examples of a weapons trafficking charge may include the following: A person manufa ..read more
Visit website
Break and Enter to Steal Firearm (s. 98(4)) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Break and enter to steal firearms is covered under s. 98(4) of the Criminal Code, found in Part III. Part III covers “Firearms and Other Weapons.” A break and enter to steal firearms charge occurs when one breaks in or out of a place and steals a firearm. In terms of breaking in, this offence occurs when one breaks and enters into a place either to steal a firearm intentionally, or by mere chance of coming upon one in the place. In terms of breaking out of a place, this offence can occur either after one steals a firearm from the place, or when one enters a place with intent to steal a firea ..read more
Visit website
Procuring Identity Documents (s. 56(1)) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Procuring identity documents is covered under s. 56.1(1)  of the Criminal Code found in Part II. Part II covers “Offences Against Public Order”. A procuring identity documents charge occurs when an individual, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale identity documents. The identity documents in question must relate or purport to relate, in whole or in part, to another person. This charge does not occur when a person creates documents as part of their ordinary business or employment, has the consent of the other person, or procures ident ..read more
Visit website
Take motor vehicle without consent (s. 335) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Take Motor Vehicle without consent  falls under Section 335 of the Criminal Code of Canada. It prohibits a person from taking a motor vehicle that is the property of another person, without consent.  Take motor vehicle without consent differs from theft in that the accused does not intend to deprive the owner of their property and convert it to their own. Rather, take motor vehicle without consent requires the accused only had the intention to use or drive the vehicle, perhaps for a brief period of time only. Take Motor Vehicle without consent is a summary conviction offence. Examp ..read more
Visit website
Possession for purpose of weapons trafficking (s. 100(2)) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Possession for purpose of weapons trafficking is covered under s. 100(2) of the Criminal Code found in Part III. Part III covers “Firearms and Other Weapons”. A possession for purpose of weapons trafficking charge occurs when an individual possesses a prohibited, restricted, or non-restricted firearm, weapon, device or ammunition with the intention of transferring it or offering it for transfer to another, while knowing that they are not legally authorized to complete the transfer under legislation made by Parliament. Possession for purpose of weapons trafficking is an indictable offence. Th ..read more
Visit website
Possession of firearm knowing its possession is unauthorized (s. 92(1) and (3)) Charges in Canada
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Forcible entry and forcible detainer charges are covered under s. 92 of the Criminal Code found in Part II. Part III covers “Firearms and Other Weapons.” A possession of an unauthorized firearm charge occurs when a person knowingly possesses a prohibited firearm, a restricted firearm, or a non-restricted firearm without being the holder of a valid license, and in the case of a restricted firearm, without possession a registration certificate for it. Possession of an unauthorized firearm is an indictable offence, which means it is a more serious type of criminal charge in Canada, and upon con ..read more
Visit website
Lottery Offences (s. 206, 207, 207.1 and 209) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
3d ago
Lottery offences are covered under s. 206, 207, 207.1 and 209 of the Criminal Code, found in Part VII. Part VII covers “Disorderly Houses, Gaming and Betting”. Lottery offences, specifically s. 206, 207, 207.1 and 209, are hybrid offences with a Crown election. This means that depending on the circumstances of your case, the Crown may choose to proceed summarily or by indictment. If an accused is prosecuted by indictment, there is also a Defence election of court under s. 536(2) of the Criminal Code. Examples Some examples of lottery offences may include the following: The accused advertise ..read more
Visit website
Keeping gaming or betting house (s. 201 and 202)Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
1w ago
Keeping gaming or betting house falls under Section 201 and 202 of the Criminal Code of Canada. It prohibits a person from enabling, encouraging, or assisting persons, or with the keeping of bets or gaming where a fee is charged to players and which all or any portion of proceeds is paid to or kept by the keeper. Specifically, section 202 pertains to gambling in relation to book-keeping, by allowing a bet to be registered or placed under their control. Keeping gaming or betting house  is a dual/hybrid offence, which means that the crown prosecutor may proceed by indictment or summarily ..read more
Visit website
Fraudulent Use of Citizenship Certificate (s. 58(1)) Charges in Canada: Offences, Defences, Punishments
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
1w ago
Fraudulent use of a citizenship certificate is covered under s. 58(1) of the Criminal Code found in Part II. Part II covers “Offences Against Public Order”. A fraudulent use of citizenship certificate occurs when a person uses a certificate of citizenship or certificate of naturalization for fraudulent purposes. This provision is also triggered when a person knowingly parts with their validly issued citizen certificate with the intent that it should be used for fraudulent purposes. Fraudulent purposes include using the certificate to obtain privileges or services that the accused, or the ind ..read more
Visit website
Forcible Entry or Forcible Detainer (s. 72, 73) Charges in Canada
Oykhman Criminal Defence Law FAQs
by Michael Oykhman
1w ago
Forcible entry and forcible detainer charges are covered under s. 72 and s. 73 of the Criminal Code found in Part II. Part II covers “Offences Against Public Order.” A forcible entry charge occurs when a person enters property that is possessed by another person, in a manner that is likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace. This requires some violence or threat of violence and the presence of someone who might resist the interference. A forcible detainer charge occurs when a person detains another person’s property without an honest belief o ..read more
Visit website

Follow Oykhman Criminal Defence Law FAQs on FeedSpot

Continue with Google
Continue with Apple
OR