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

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

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

Flight from a peace officer falls under section 320.17 of the Criminal Code of Canada. It prohibits a person from fleeing from a peace officer while operating a motor vehicle, as it is deemed a criminal offence. This offence is committed when a driver intentionally avoids stopping their vehicle without a justifiable reason, with the aim of escaping the police officer. Flight from a peace officer  is a dual/hybrid offence, which means that the crown prosecutor may proceed by indictment or summarily. If convicted, and the crown proceeds by indictment, the maximum punishment is 10 years im ..read more

False statements respecting firearms is covered under s. 107(2) of the Criminal Code found in Part III. Part III covers “Firearms and Other Weapons”. A false statement respecting firearms charge occurs when an individual knowingly makes a false report regarding the loss, destruction or theft of a prohibited, restricted or non-restricted firearm, weapon, device, ammunition or licence, to a peace officer or firearms officer. S. 107(3) clarifies that “report” means an assertion of fact, knowledge, belief or opinion that may or may not be material and/or admissible evidence. False statements res ..read more

Attempts and accessories after the fact is covered under s. 463 of the Criminal Code found in Part XIII. Part XIII covers “Attempts – Conspiracies – Accessories”. An attempts and accessories after the fact charge applies to a wide range of offences, and so the level of punishment depends on the severity of the main offence. This section examines the criminal liability of an accused who has attempted to commit or has aided another in committing a Criminal Code offence. Attempts and accessories after the fact offences are either summary, hybrid or indictable offences, depending on the main Cri ..read more

What is a charge of Rescue of Permitting Escape? Rescue or permitting escape is covered under section 147 of the Criminal Code of Canada. It occurs when a person knowingly aids, assists, or helps someone escape from lawful custody in Canada. Examples Some examples of a charge of Rescue of Permitting Escape may include the following: A person employed at a prison who wilfully permits someone to escape from lawful custody A person who provides assistance and enables someone to escape from custody who has just been arrested by the police A person who rescue’s someone from custody who has recent ..read more

What is a charge of Corrupting Morals? Corrupting morals is covered under 163 of the Criminal Code of Canada. Corrupting morals occurs when a person knowingly, without lawful justification or excuse, possesses, creates, or distributes obscene material, whether it is written, photographic, or otherwise. Obscenity has been held by the Supreme Court has an unreasonable exploitation of sexual violence. Corrupting Morals is a hybrid offence, therefore it can be prosecuted by way of indictment or summarily. Examples  Some examples of a charge of corrupting morals may include the following: Pe ..read more

What is a tampering with firearm serial number charge? A tampering with firearm serial number charge is covered under s. 108 of the Criminal Code found in Part III. Part III covers “Firearms and Other Weapons”. A tampering with firearm serial number charge can occur in two ways. Firstly, it can occur when a person either alters, defaces or removes a serial number from a firearm. Secondly, it can occur when a person possesses a firearm knowing the serial number has been altered, defaced or removed. Tampering with firearm serial number is a hybrid offence with a Crown election. This means that ..read more

What is a giving contradictory evidence charge? The charge for giving contradictory evidence is covered under s. 136(1) of the Criminal Code found in Part IV. Part IV covers “Offences Against the Administration of Law and Justice.” A contradictory evidence charge occurs when a person, who is a witness in a judicial proceeding, gives evidence about something they know, and then in another court proceeding, gives evidence that is contrary to their previous evidence. For a person to be convicted of giving contradictory evidence, the court must be satisfied beyond a reasonable doubt that the pers ..read more