Defending sexual assault allegations involves understanding the essential components of the charge to determine whether or not the allegations can be supported by evidence in court. The Crown must prove each of the elements of sexual assault, as set out in the Criminal Code of Canada. This is called making a prima facie case. For …
The COVID-19 pandemic, caused by the SARS-CoV-2 virus has drastically changed the way we live and work. Those changes have touched almost every aspect of normal day to day dealings. That includes the justice system, and applications for bail. A number of important cases dealing with bail in a post-COVID19 world have since been decided, …
We’ve all heard about blackmail. It appears in movies, games, and literature. But, the reality is that there is no ‘blackmail’ offence in Canada’s Criminal Code. Instead, under section 346, we have the offence of ‘extortion’. Extortion punishes those who, through threats, accusations, menaces, or violence, induce or attempt to induce their victims into doing …
In 2017 the police reported over 1,900,000 Criminal Code incidents. The most common offence of all was theft of personal property under $5,000[i]. The theft of personal property made up 34% of reported crimes. Theft of household property made up another 12%, and theft of a motor vehicle or parts made up a further 4%. …
Bail is a hot topic. Before you go to jail, you may first get bail. In fact, you have a right to it under section 11(e) of the charter. Any person charged with an offence has the right not to be denied reasonable bail without just cause . ‘Just cause’ means the statutory grounds that …
Ontario has had 5 Amber Alerts this year, and each one has attracted multiple calls from the public complaining about the Alert. Lots of people have been calling for people complaining 911 about Amber alerts to face consequences. Thankfully, this time around, the 5 children from Jordan, Ontario who went missing were found safe. But …
A Winnipeg property developer is charged with taking over $425,000 for work he allegedly never did . He was charged with the crime of ‘false pretences’, which can be found at section 362 of the Criminal Code. The developer allegedly used white-out on the job site locations on invoices, and changes them to different addresses …
Crimes of Dishonesty I: False Pretences In the Criminal Code Read More »
In Canada, under s.19 of the Criminal Code, ignorance of the law is not a defence to committing a criminal offence. And, while ignorance of the law may factor into sentencing decisions, as the Supreme Court recently held[, that may be little comfort indeed to someone convicted of a criminal offence due to their own …
Oh My, How Disturbing! Disorderly Conduct In Canada Read More »
We’ve previously talked about the firearms offences contained in the Criminal Code, and the maximum sentences that go with each. We’ve written three articles talking about the 6 categories of offences. We discussed two categories in each article: Use offences, and possession offences, which you can find here ( https://zamani-law.com/aiming-for-safety-by-targeting-guns-canadas-criminal-code/ ), Trafficking offences, and assembling …