Section 380 of the Criminal Code of Canada defines fraud as any act involving “deceit, falsehood, or other fraudulent means” to defraud the public or an individual of money, property, or valuable security. This section encompasses a broad spectrum of fraudulent activities, aiming to safeguard financial and property interests while promoting integrity in personal and business dealings. Key Types of […]

Under section 348 of the Criminal Code, break and enter is defined as entering a place, which includes residence, business or other property, without permission and with an intent to commit a crime. A forced entry, such as damaging a lock, a door or a window, is not required. Entering the place through an open window or an unlocked door, if you did […]

The Criminal Code definition of robbery is provided below: 343. Every one commits robbery who (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property; (b) steals from any person and, at the time he steals or immediately before or immediately […]

The common law best evidence rule requires that the evidence presented in court must be the original, unless the party is not able to do so; the court then can accept a secondary copy where it is satisfied that the original was lost, destroyed or otherwise unavailable in good faith. The common law best evidence rule is to ensure the integrity of […]

Section 87 of the Criminal Code states that if you point a firearm at someone “without lawful excuse” you can be charged, even if the weapon is not loaded. Those found guilty of an indictable offence could be given a five-year prison term or the charge can be treated as a summary conviction, with reduced penalties. The common defence of […]

Section 86 of the Criminal Code requires that all firearms in Canada be properly stored and used in accordance with the rules of the Firearms Act. If a person is found guilty of improperly store a firearm or ammunition, that person can be jailed up to 2 years in jail for first offence and up to 5 years for subsequent […]

Drug Possession – Section 4 of the CDSA (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III. Obtaining substance (2) No person shall seek or obtain (a) a substance included in Schedule I, II, III or IV, or (b) an authorization to obtain a substance included in Schedule I, […]

Introduction Section 267 of the Canadian Criminal Code addresses assault with a weapon, assault causing bodily harm, and assault with threats to cause bodily harm. This provision encompasses a wide range of conduct, which may include acts of choking. Provisions Under Section 267 Section 267 of the Canadian Criminal Code criminalizes the following actions: 267(a): Assault with a Weapon: Anyone […]

Mischief is defined under section 430 of Canada’s Criminal Code, which says that every person who willfully destroys or damages property, renders property dangerous, useless, inoperative or ineffective, obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property, is guilty of mischief. In addition to mischief to physical property, subsection 1.1 of section 430 stipulates that any person […]

  It is a crime in Canada to traffic in a drug prohibited by the Controlled Drug and Substance Act (“CDSA”) and the Cannabis Act. Illegal Drugs prohibited by the CDSA and the Cannabis Act include cocaine, marijuana, ecstasy, heroin, ketamine, oxycodone, GHB and a slew of other narcotics. If you or someone you know if facing an allegation of […]