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Home

Criminal Offense

Traffic

Young Offender

Drugs

Immigration

Wills, Estate

Power of Attorney

Business

 

     

  

Criminal Offences

              

      

 

      NORBERT BARTELS

      Barrister, Solicitor, Notary Public

      470 Hensall Circle, Suite 304,

      Mississauga, Ontario,

      L5A 3V4

      Tel: 905  276-8286   Fax: 905  270-0130   E.mail: nbartels@orbonline.net

                                                             

 

 

      CRIMINAL CODE OF CANADA

      (brief overview)

      The Criminal Code of Canada (CCC) contains many subsections of what are

      loosely referred to as "Criminal Law." Drug offences are not included

      (they are found in the Controlled Drugs and Substances Act discussed

      elsewhere in this website). Also, Motor Vehicle offences and Youth crime  

      are examined in greater detail on other pages.

      The CCC is divided into various parts, including:

     

OFFENCES AGAINST PUBLIC ORDER. This section (Part II) contains offences

      against the country and includes treason, mutiny, sabotage, sedition,

      rioting, piracy and dueling. These offences are rare.

 

      FIREARMS AND OTHER OFFENSIVE WEAPONS. Part III involves guns, knives and

      objects used as weapons.  Simply possessing some weapons is an offence

      (sawed off shotguns, switch blades, etc.). There are lots of things you

      can do with a firearm that will constitute an offence (no registration

      certificate, careless storage, pointing it, selling it to someone not

      entitled to possess a firearm and so on). Also, it's an offence to use

      everyday objects as weapons, such as hitting someone with a baseball bat

      or kitchen chair. Courts deal with Part III offenses rather harshly.

 

      OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE. Here we have

      offences such as bribing public officials, impersonating a police officer,

      perjury, obstructing justice, escaping lawful custody and "assisting a

      prisoner of war to escape."

 

      SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT. Part V lists

      offences of a sexual nature including sexual interference (touching

      someone under age 14 for a sexual purpose), invitation to sexual touching

      and incest. It also outlines a number of criminally banned activities.

      There are too many to list but included are: giving an immoral

      performance, mailing obscene matter, committing an

      indecent act, nudity, trespassing at night and "spreading false news."

     

      INVASION OF PRIVACY. Part VI deals with illegal wiretaps and the right to

      privacy.

 

      DISORDERLY HOUSES, GAMING AND BETTING. Here we deal with houses of ill

      repute ("bawdy houses") and prostitution related offences. Also included are offences

            involving gambling. In a

      nutshell, you're free to gamble away every cent you ever had, provided you

      do so in something sanctioned by government. Private gaming may offend

      Part VII.

 

      OFFENCES AGAINST THE PERSON AND REPUTATION. This part (VIII) includes

      assault, homicide, manslaughter, assisting a suicide, criminal harassment,

      sexual assault, bigamy, defamatory libel, advocating genocide and others.

      Serious stuff, indeed.

 

      Also included in this section are offences involving motor vehicles

      (Dangerous Driving, Criminal Negligence in the Operation of a Motor

      Vehicle, Impaired Driving, Driving with Excess Blood Alcohol, Leaving the

      Scene of an Accident, Driving while Disqualified). Motor vehicle offences

      result in a loss of driving privileges (at least one year in Ontario,) as

      well as fines or jail. For more information, click on the   Motor Vehicle

      page.

 

      OFFENCES AGAINST THE RIGHTS OF PROPERTY. This part deals with theft,

      fraud, robbery, extortion, break & enter, forgery and others. What they

      have in common is that someone has been victimized and left poorer as a

      result.       

 

      FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE. Part X contains

      offences involving elements of fraud in one form or another.

 

      WILLFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY.  Despite the

      wordy preamble, this part (XI) deals with property damage including

      mischief and arson as well as cruelty to animals.

 

      CURRENCY OFFENCES. Counterfeit money, slugs and the like are included.

 

      PROCEEDS OF CRIME. This sets out how government can deal with money or

      goods deemed to be "proceeds of crime." It shows what the government has

      to prove in court in order to keep the stuff and how to get it back if it

      isn't "proceeds of crime."

 

      ATTEMPTS, CONSPIRACIES, ACCESSORIES. Part XIII deals with persons who

      attempt (but don't succeed) to commit offences as well as persons who get

      together to plan and carry out offences and persons who help others commit

      offences.

 

 

 

 

 

470  Hensall Circle, Suite 304Mississauga, Ontario,  L5A 3V4

Norbert Bartels, Barrister and Solicitor