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Is it a Crime to Counsel Someone to Commit a...

An individual may be liable for those offences which he/she does not commit as a principle offender but in which he/she plays a part in committing. When an individual becomes liable for an offence in this way, he or she is referred to as a “party to the offence.” Section 22 of the Criminal Code creates a form of party liability for counselling another person to be party to an offence. This includes counselling another person to commit the offence as the principle offender, or counselling another person to be a party to an offence through aiding, abetting, forming a common intention, or counselling a third person to commit a crime. Section 22(1) of the Criminal Code of Canada states that “where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is…

13 Aug 2014

Is It A Crime To Practice Witchcraft?

5 Aug 2014

It is a crime to practice witchcraft in Canada with the intent to deceive another by pretending to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration.…

Is it a Crime to Have Sex with a Person who...

4 Aug 2014

Sexual assault is a criminal offence under s. 271 of the Criminal Code. Sexual assault is defined as any form of sexual contact without the consent of either party involved…

Is it a Crime to Smoke Marijuana During...

1 Aug 2014

Yes. Possession of Marijuana is still a crime in Toronto! The Toronto Police Services may exercise their discretion and either tolerate its use or seize marijuana without laying a criminal…

How Do I Get A Restraining Order Against...

31 Jul 2014

Generally speaking, a section 810 peace bond is Canada’s version of a “restraining order.” Section 810 of the Criminal Code of Canada sets out the statutory procedure to obtain an…

What Is A Reasonable Prospect of Conviction?

16 Jul 2014

In the case of Proulx v. Québec [2001], the Supreme Court of Canada discussed the concept of a reasonable prospect of conviction and said the following: “To say that a…

Is It A Crime to Miss Your Court Date?

14 Jul 2014

Missing a court date can result in further criminal charges being laid against an accused person. Failure to appear in court as required is a violation of the law which…