Michael Oykhman
Fraudulent Use of Citizenship Certificate (s. 58(1)) Charges in Canada: Offences, Defences, Punishments
Fraudulent use of a citizenship certificate is covered under s. 58(1) of the Criminal Code found in Part II. Part II covers “Offences Against Public Order”. A fraudulent use of citizenship certificate occurs when a person uses a certificate of citizenship or certificate of naturalization for fraudulent purposes. This provision is also triggered when a person knowingly parts with their validly issued citizen certificate ...
Forcible Entry or Forcible Detainer (s. 72, 73) Charges in Canada
Forcible entry and forcible detainer charges are covered under s. 72 and s. 73 of the Criminal Code found in Part II. Part II covers “Offences Against Public Order.” A forcible entry charge occurs when a person enters property that is possessed by another person, in a manner that is likely to cause a breach of the peace or a reasonable apprehension of a ...
Flight from Peace officer (s. 320.17 Charges in Canada: Offences, Defences, Punishments
Flight from a peace officer falls under section 320.17 of the Criminal Code of Canada. It prohibits a person from fleeing from a peace officer while operating a motor vehicle, as it is deemed a criminal offence. This offence is committed when a driver intentionally avoids stopping their vehicle without a justifiable reason, with the aim of escaping the police officer. Flight from a ...
False Statements Respecting Firearms (s. 107(2)) Charges in Canada: Offences, Defences, Punishments
False statements respecting firearms is covered under s. 107(2) of the Criminal Code found in Part III. Part III covers “Firearms and Other Weapons”. A false statement respecting firearms charge occurs when an individual knowingly makes a false report regarding the loss, destruction or theft of a prohibited, restricted or non-restricted firearm, weapon, device, ammunition or licence, to a peace officer or firearms officer. ...
Attempts and Accessories After the Fact (s. 463) Charges in Canada: Offences, Defences, Punishments
Attempts and accessories after the fact is covered under s. 463 of the Criminal Code found in Part XIII. Part XIII covers “Attempts - Conspiracies - Accessories”. An attempts and accessories after the fact charge applies to a wide range of offences, and so the level of punishment depends on the severity of the main offence. This section examines the criminal liability of an ...
Rescue or Permitting Escape (s. 147) Charges in Canada: Offences, Defences, Punishments
What is a charge of Rescue of Permitting Escape? Rescue or permitting escape is covered under section 147 of the Criminal Code of Canada. It occurs when a person knowingly aids, assists, or helps someone escape from lawful custody in Canada. Examples Some examples of a charge of Rescue of Permitting Escape may include the following: A person employed at a prison who wilfully ...
Corrupting Morals (s. 163) Charges in Canada: Offences, Defences, Punishments
What is a charge of Corrupting Morals? Corrupting morals is covered under 163 of the Criminal Code of Canada. Corrupting morals occurs when a person knowingly, without lawful justification or excuse, possesses, creates, or distributes obscene material, whether it is written, photographic, or otherwise. Obscenity has been held by the Supreme Court has an unreasonable exploitation of sexual violence. Corrupting Morals is a hybrid ...
Tampering With Firearm Serial Number (s. 108) Charges in Canada: Offences, Defences, Punishments
What is a tampering with firearm serial number charge? A tampering with firearm serial number charge is covered under s. 108 of the Criminal Code found in Part III. Part III covers “Firearms and Other Weapons”. A tampering with firearm serial number charge can occur in two ways. Firstly, it can occur when a person either alters, defaces or removes a serial number from ...
