People sometimes will get a phone call from their friends or loved ones asking them to act as a surety. So, what is a surety and can I be a surety? The focus of this article is to answer these two questions. When people are arrested for criminal charges, there are usually three different releases: release by the police on […]

Peace bond is a court order. It is also known as a recognizance. There are two different types of peace bonds: one is issued under section 810 of the Criminal Code, and the other is issued by a judge under common law. Fundamentally, there are no differences between a section 810 peace bond under the Criminal Code or a common […]

The short answer is no. The Canadian criminal procedure does allow a private individual to press criminal charges against another private individual; however, it is rarely done, and the Crown Attorney (Prosecutors) usually take over private prosecutions. Vast majority of criminal charges are laid by police or peace officers; charges are not laid by the person who called 911. The […]

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, […]