Regulatory Offences
The Provincial Offences Act (POA) is Ontario’s primary legislation governing the prosecution of non- criminal offences under provincial statutes, regulations, and municipal by-laws. Unlike criminal offences under the Criminal Code of Canada, provincial offences are quasi-criminal, typically involving regulatory violations such as traffic infractions or liquor licensing violations. Administered largely by municipalities, the Provincial Offences […]
Administration of Justice Offences
Failure to Comply Failure to Appear in Court Obstruction of Justice Failure to comply refers to a category of offences under the Criminal Code of Canada where an individual intentionally or without lawful excuse violates the conditions of a Court order, such as those imposed through bail, probation, undertakings, recognizances, or other judicial directives. These […]
Youth Criminal Justice Act
The Youth Criminal Justice Act (YCJA), enacted in 2003, is the primary legislation governing the prosecution of young persons, between the ages of 12 to 17, who commit criminal offences in Canada. Replacing the earlier Young Offenders Act (YOA), the Youth Criminal Justice Act establishes a distinct criminal justice framework for youth, emphasizing rehabilitation, reintegration, […]
Acting for the Victim
In criminal prosecutions, a prevalent misunderstanding among complainants is that they can unilaterally end proceedings by requesting the withdrawal of charges. However, complainants often find that their preferences may receive limited weight from the police and Crown. In addition to the Crown’s reasonable prospect of conviction, the criminal justice system prioritizes the public interest and […]
Criminal Appeals
The criminal appeal process in Ontario allows individuals convicted of a crime or the Crown to challenge decisions made in a criminal case. Appeals are not retrials; they focus on reviewing errors in law, procedure, or fact-finding that may have led to an unjust outcome.Types of Appeals Conviction Appeals: Challenges to the guilty verdict, often […]
Fraud and Financial Offences
Under the Criminal Code of Canada, fraud is categorized as either fraud over $5,000 or fraud under $5,000. Fraud involves intentionally using deceit, falsehood, or other fraudulent means to defraud a person or the public of property, money, valuable security, or services. The core of the offence is deliberate deception that causes or risks economic […]
Property Offences
Possession of Property Obtained by Crime Theft Over/Under $5,000 Mischief Robbery Arson What is Possession of Property Obtained by Crime? Section 354(1) of the Criminal Code of Canada outlines the offence of possession of property obtained by crime. This provision addresses situations where a person possesses property that they know was obtained through criminal activity. […]
Wiretaps and Search Warrants
A search warrant is a Judicial Order issued by a Justice of the Peace or Judge, permitting police or other authorized officials to enter and search a specific location, person, or item for evidence related to a criminal offence. It may also authorize the seizure of items relevant to the investigation, such as drugs, weapons, […]
Murder, Attempted Murder, and Manslaughter
Murder and Attempted Murder Manslaughter Criminal Negligence Murder is a serious offence under the Criminal Code of Canada. Governed primarily by sections 229 to 231 of the Criminal Code of Canada, it involves the intentional killing of another person or causing bodily harm likely to result in death, with specific mental states distinguishing it from […]
Offences Against the Person
Criminal Harassment Forcible Confinement and Kidnapping Human Trafficking Criminal harassment or commonly referred to as “stalking” is a criminal offence encapsulated under Section 264(1) of the Criminal Code of Canada. The Criminal Code of Canada defines criminal harassment as engaging in prohibited conduct without lawful authority, knowing that the conduct harasses another person or being […]