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Can Carrying A Weapon Lead to Criminal...

Carrying a weapon can be a criminal offence, know the law before you get arrested. Ignorance of the law is no defence.

Section 88 of the Criminal Code makes it a criminal offence to carry a weapon for a purpose “dangerous to the public peace”. This section applies to weapons other than prohibited weapons. Prohibited weapons are those weapons (listed above), which are always illegal to possess. Section 88 refers to weapons other than prohibited weapons, which are legal to posses, but illegal to carry if and only if you are carrying them for a purpose contrary to the public peace. (Remember, this blog only deals with weapons other than firearms, and none of the rules described in this blog apply to…

2 Jul 2014

Privacy in the Digital Age

20 Jun 2014

Recently, in the case of R. v. Matthew Spencer (June 17, 2014), the Supreme Court of Canada was called upon to consider our right of privacy in the context of…

Authority to Search a Motor Vehicle

10 Nov 2010

In Canada, all powers to search and seize are now subject to section 8 of the Canadian Charter of Rights and Freedoms, which articulates the right not to be unreasonably…

Subway Pusher Found Not Criminally...

28 Oct 2010

R. v. De Oliveira, 2010 ONSC 5847 Reasons for Judgment of Backhouse, J. delivered October 25,2010 BACKHOUSE J.: [1] Adenir De Oliveira is charged with 3 counts of attempt murder…

Not Criminally Responsible – Sec. 16 of...

21 Oct 2010

Sec. 16 of the Criminal Code reads as follows: 1. Defense of mental disorder – No person is criminally responsible for an act committed or an omission made while suffering…

Hearsay Evidence

18 Oct 2010

Generally speaking, a hearsay statement is an out-of-court statement made by person A to person B (or overheard by person B), which is being tendered in court as evidence of…

Wiretaps

9 Oct 2010

Though members of the public often interpret the word “wiretap” is referring only to listening devices used to intercept telephone calls, criminal defence lawyers and other legal practitioners use the…