Michael Oykhman
Age of Consent in Canada
When someone reaches the age of consent in Canada, they can legally agree to sexual activity. Meanwhile, the criminal law sets severe penalties for those who engage in sexual activities with young persons below the age of consent, penalizing such activities by Canadians both inside and outside of Canada. The law sets several exceptions and includes defences for those investigated or prosecuted ...
Is blackmail a crime in Canada?
Yes, it is illegal to blackmail someone in Canada. In criminal law, blackmail is known as ‘extortion,’ and it is a criminal offence under section 346 of the Criminal Code. What is blackmail (extortion)? Blackmail/extortion contains four parts: The use of threats, accusations, menaces, or violence against a person. The accused person had the intention to try and ‘get something’ from the other ...
How To Beat An Alberta Immediate Roadside Sanction (IRS)
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 Pepper Spray Legal in Canada?
Whether pepper spray is legal in Canada depends on characteristics of the specific product, what it was designed for, and the intended use. The Criminal Code of Canada’s Regulation Prescribing Certain Firearms and Other Weapons as Prohibited or Restricted defines prohibited weapons as: Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge ...
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 enforcement, ...
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 ...
Difference Between First Degree Murder, Second Degree Murder, and Manslaughter
The Canadian Criminal Code sets out two distinct types of homicide: culpable homicide (murder) and non-culpable homicide (this is not an offence within the Criminal Code). Culpable homicide within the Canadian Criminal Code includes murder, manslaughter and infanticide. As per section 222(5) of the Criminal Code, “a person commits culpable homicide when he causes the death of a human being, by means of ...
Indictable Offence vs Summary Offence: What’s the Difference?
What is an indictable offence? An indictable offence is often considered a more serious offence due to the greater penalties and sentences associated with it. Due to the seriousness of the crimes, the penalty for an indictable offence is up to life imprisonment, which is 25 years. If your offence is classified as indictable, this means that you may be eligible for a ...
