Michael Oykhman
Weapons Trafficking (with any aggravating elements made out) (s. 99(2)) Charges in Canada: Offences, Defences, Punishments
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 ...
Break and Enter to Steal Firearm (s. 98(4)) Charges in Canada: Offences, Defences, Punishments
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 ...
Procuring Identity Documents (s. 56(1)) Charges in Canada: Offences, Defences, Punishments
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, ...
Take motor vehicle without consent (s. 335) Charges in Canada: Offences, Defences, Punishments
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 ...
Possession for purpose of weapons trafficking (s. 100(2)) Charges in Canada: Offences, Defences, Punishments
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 ...
Possession of firearm knowing its possession is unauthorized (s. 92(1) and (3)) Charges in Canada
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 ...
Lottery Offences (s. 206, 207, 207.1 and 209) Charges in Canada: Offences, Defences, Punishments
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 ...
Keeping gaming or betting house (s. 201 and 202)Charges in Canada: Offences, Defences, Punishments
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 ...
