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Michael Oykhman

Sexual Exploitation (s. 153 (1)) Charges in Canada: Offences, Defences, Punishments

What is Sexual Exploitation? Sexual exploitation encompasses the touching “directly or indirectly” of a person between 16-17 years of age for a sexual purpose. It is covered under s. 153(1) of the Criminal Code of Canada (the “Code”). Technological advances in the last 15-20 years have led to an increase in sexual exploitation charges. This is largely because young people are being lured ...

Defamatory Libel (s. 298, s. 299, s. 300, and s. 301) Charges in Canada: Offences, Defences, Punishments

What is Defamatory Libel? Defamatory libel is covered under sections 297 to 317 of the Criminal Code of Canada. Defamation is defined by the Oxford English Dictionary as “[t]he action of impugning a person’s good name or reputation”.  Commonly, defamation occurs via “libel”, which entails written statements, or “slander”, which entails spoken statements. In Canada, defamation is referred to as “defamatory libel” and ...

Solicitation (s. 213) Charges in Canada: Offences, Defences, Punishments

What is Solicitation? Solicitation is covered under s. 213 of the Criminal Code. In Canada, solicitation refers to the act of trying to stop, impede, and/or communicate with someone in order to offer/sell/provide sexual services. This communication can be in general terms and does not need to describe specific sexual acts or money. The courts rely on the context of the situation in ...

Criminal Negligence Causing Death (s. 220) Charges in Canada: Offences, Defences, Punishments

What is Criminal Negligence Causing Death? Criminal negligence causing death is covered under s.220 of the Criminal Code. Section s. 219 of the Criminal Code defines criminal negligence. Criminal negligence occurs when someone does a deliberate, unprovoked, or reckless action that disregards the lives or safety of other persons. For someone to be charged under section 220, they need to cause the death ...

Gun Laws in Canada: Know The Law, Know Your Rights

Overview of Gun Laws in Canada Gun laws in Canada are complex and cover a wide range of offences. In Canada, gun laws are controlled by both Part III of the Criminal Code and the Firearms Act. Both the Criminal Code and the Firearms Act should be read in conjunction with one another as both acts provide valuable information on gun laws and ...

Possession of a Weapon for a Dangerous Purpose (s. 88) Charges in Canada: Offences, Defences, Punishments

Introduction to Possession of a Weapon for a Dangerous Purpose Possession of a weapon for a dangerous purpose is covered under s. 88 of the Criminal Code. The definition of a weapon is very broad. However, generally, weapons offences, pertain to the illegal possession or use of prohibited or restricted firearms and other weapons. As such, it is not uncommon for weapon charges ...

Driving While Disqualified (s. 259) Charges in Canada: Offences, Defences, Punishments

What is driving while disqualified? Driving while disqualified is a criminal offence covered under s. 259 of the Criminal Code. As the name suggests, driving while disqualified is defined as operating a motor vehicle, vessel, or aircraft while there is a court order prohibiting you from doing so. These court orders can be for a range of reasons (see FAQ), but usually, you ...

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