Michael Oykhman
What is an Emergency Protection Order (EPO)?
An emergency protection order (EPO) is a short-term, temporary order designed to protect Canadians from family violence. An EPO may be obtained by the victim of violence without the input of the accused, or without the accused being present. An EPO will typically be set in place after there is a complaint of domestic assault for the purpose of protecting the complainant from further ...
Domestic Assault Laws in Canada
Domestic assault is an assault that occurs in the context of a domestic relationship, or an intimate relationship between two people of the same sex or two people of the opposite sex. This includes boyfriends and girlfriends, spouses, common-law partners, and other family members. It is important to know that while domestic assault is not an offence specified or defined in the Criminal Code, ...
Can an assault victim have the charges dropped?
Author’s note: Please note that the term ‘victim’ is used throughout this article to reflect commonly used informal terminology. However, in the criminal justice system, the term ‘victim’ applies only after a guilty verdict is reached. Otherwise, this individual is referred to as a ‘complainant’. Disclaimer: This article serves to provide information to allow a victim to explore their options and have their ...
What is assault with a weapon or assault causing bodily harm?
What is Assault with a Weapon or Assault Causing Bodily Harm? Section 267 of the Criminal Code makes it an offence to assault another person with a weapon, and to cause bodily harm to another person by assaulting them. For the purposes of this offence, a weapon is anything used to cause death or injury to someone or to threaten or intimidate someone. Because ...
A criminal defence lawyer’s top 5 tips for fighting drug charges
If you have been charged with a drug offence, the most important thing you can do is exercise your right to silence. The police will likely ask you questions or request that you provide a statement that will assist them in their investigation. Because any information you give them can potentially be used against you, it is vital that you stay silent and immediately ...
How can I get my drug charges dropped?
Depending on the nature of the charges that you are facing, and depending on your personal circumstances, you may be able to get your drug charges withdrawn and completely avoid a criminal record through a diversion program. If this is your first or second offence and you have been charged with a minor drug offence like possession of marijuana, you may be eligible for ...
What are the best defences to a drug charge?
The best defences to a drug charge will depend on the particular circumstances of your case. However, some common issues that may provide you with a defence to your charge include: You Did Not Consent To, Have Knowledge Of, or Control Over The Drug One of the best ways to defeat a drug charge is to show that you did not consent to, have ...
What is drug production?
The CDSA prohibits the production of drugs included in Schedule I, II, III, or IV, and heavily punishes anyone caught producing drugs or anyone who is knowingly in the possession of materials for the purpose of producing drugs. Producing any of the prohibited drugs by any method or process, whether it is manufacturing, synthesizing, cultivating or harvesting, will be considered drug production. The Penalty ...
