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Michael Oykhman

What are the best defences to child luring?

The best defence to a child luring charge will depend heavily on the unique circumstances of the offence. In order to find out how you can most effectively defend yourself following this charge, contact one of our skilled and experienced criminal defence lawyers immediately.One common defence to this charge is to argue that you did not know that the complainant was under the age of ...

What is a child pornography offence?

What is Child Pornography? Child pornography can be more than just images. It includes any visual representation that: Shows a person under the age of 18 years (or who is depicted as being under the age of 18 years), engaged in or depicted as being engaged in explicit sexual activity; or The primary characteristic of the photograph, film, or representation is the depiction ...

What are the best defenses to a child pornography charge?

Defending child pornography offences in Canada is very difficult, and the best defences to your charge will depend on the specific circumstance of your case. However, one way of defending a child pornography charge is to rely on the statutory defence set out in section 163.1(6) of the Criminal Code. According to this section, you cannot be convicted of a child pornography offence if ...

How To Beat An Alberta Immediate Roadside Sanction (IRS): Overview, Defences, Penalties

Structuring Your IRS Defence If you are reading this article, you have likely been issued a Notice of Administrative Penalty (NAP) as part of an Immediate Roadside Sanction (IRS). This legislation is new, and aims to penalize impaired drivers. The sanctions are covered in the following provisions of Alberta’s Traffic Safety Act (TSA): IRS: 24-HOUR (88, TSA) IRS Zero: Novice (88.01, TSA) ...

Is It a Crime to Carry Pepper Spray as Self-Defence?

Yes, pepper spray is considered a prohibited weapon in Canada and therefore is illegal. If you are found in possession of pepper spray, you can be charged with a criminal offence. The penalties for weapon offences in Canada are very serious, including long-term imprisonment and a criminal record. Below we go into more detail on why it is a crime to carry pepper ...

How Long will my IRS Suspension be?

Under a recent revision to Alberta’s Traffic Safety Act, drivers suspected of operating a vehicle under the influence of alcohol or drugs can be given an Immediate Roadside Sanction (IRS) – including a license suspension and other potential penalties. The precise sanctions you will face depend on several factors, such as your class of license, the interpretation of your driving by law ...

What is an Immediate Roadside Sanction (IRS)?

Alberta has always had strict DUI laws but, as of December 2020, they have become even harsher. The recent legislative changes have made an Immediate Roadside Sanction (IRS) more likely if you are stopped and suspected of driving under the influence of alcohol or drugs. But who exactly could this affect? And what does it mean for your driving privileges? Changes to impaired ...

Difference Between First Degree Murder, Second Degree Murder, and Manslaughter

Under s.222(1) of the Criminal Code a person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. Homicide can be either culpable or non-culpable, where culpable homicide is when a person causes the death of a human being by an unlawful act, criminal negligence, by threats or fear of violence or by deception, or by willfully ...

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