Michael Oykhman
Can I travel if there is a warrant for my arrest?
If you have a provincial or Canada-wide warrant for your arrest, it should be dealt with to avoid travel restrictions to international destinations, including the United States. Domestic travel within Canada should not be an issue, however, if airport security is informed of a warrant by the RCMP, it may restrict your ability to travel domestically. If this article, we explore international, US, and ...
What is a curative discharge?
A curative discharge is a special type of discharge that is granted to those who have been charged with impaired driving, or driving over .08, and who are in need of curative treatment. Curative discharges are available in all provinces in Canada except for British Columbia, Ontario, Quebec, and Newfoundland. In addition to a criminal record, those who are convicted of an impaired driving ...
Are brass knuckles legal in Canada?
Brass knuckles are classified as banned weapons under section 84(1) of the Criminal Code and its regulations. This article delves into the legal intricacies surrounding brass knuckles, exploring their classification, the implications of their use in self-defence, the prohibition on possession, associated penalties, and the importance of legal representation when facing charges. What weapons are classified as brass knuckles? Brass knuckles, commonly known ...
Unsafe Storage of a Firearm Laws in Canada
What is “unsafe storage of a firearm” in Canada? Unsafe storage of a firearm is criminalized under section 86 of the Criminal Code alongside other offences related to carrying, handling, shipping, and/or transporting a firearm. Essentially section 86 dictates that all such acts related to a firearm (storing, carrying, handling, etc.) must be exercised with care and with regard for public safety, otherwise ...
Conditional Discharge vs. Absolute Discharge in Canada
What is a Discharge? This page provides a general overview of criminal discharges in Canada. For location-specific information, please select the location nearest you from the drop-down menu or contact one of our dedicated defence lawyers. A discharge is the best possible sentence you can receive short of a resolution, whereby your charges are diverted out of the criminal justice system. This means that the ...
Understanding Canada’s Voyeurism Laws
Voyeurism is covered under s. 162(1) of the Criminal Code of Canada (the “Code”). It is a relatively new offence in Canadian law, added to the Code in 2005. Voyeurism involves making secretive observations of individuals who are nude, performing sexual acts or in the process of doing so. The offence is intended to protect people from both sexual exploitation and infringements on their personal privacy. ...
Child Pornography Laws in Canada
Child pornography is addressed under section 163.1 (1) of the Criminal Code of Canada (the “Code”). This severe offence is classified in Canadian law as an offence “tending to corrupt morals.” There are four primary offences within the parameters of child pornography covered by the Code: Accessing child pornography; Possessing child pornography; Distributing child pornography; and Making child pornography. All four offences carry lengthy ...
Child Luring Laws in Canada
Child luring is covered under s.172.1 of the Criminal Code. You can be charged with child luring if you use the internet to communicate with someone who you know is not 18 years or older with the intent to commit sexual exploitation, incest, child pornography, or sexual assault. The purpose of s.172.1 of the Criminal Code is to criminalize child luring to protect children, ...
