Criminal Law

Colourful rolling paper, other drug paraphernalia are legal in Canada

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By LegalMatters Staff • Specialty stores known as head shops openly sell drug paraphernalia including rolling papers and water pipes used to smoke cannabis, crack and other drugs. Some have colourful logos, celebrity images or designs such as smiley faces. These businesses operate legally across Canada, but there are limitations, says Ottawa criminal lawyer Céline […]

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Wire fraud happens quickly and funds are difficult to recover

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By LegalMatters Staff • Although “wire fraud” is an American term not found in our Criminal Code, that does not mean the offence does not occur in Canada. The crime involves the transfer of money from an individual or organization to a person using telecommunications (the phone) or electronic communications (emails or text messages). “These

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Concealing a weapon can lead to a five-year prison sentence

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By LegalMatters Staff • Civilians are not allowed to carry concealed weapons in Canada or to have them accessible in a vehicle they control. A person found with a concealed weapon could be charged under s.90 (1) of the Criminal Code. It states, “Every person commits an offence who carries a weapon, a prohibited device

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What is the legal status of prescription drugs in Canada?

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By LegalMatters Staff • Consuming prescription drugs in a manner not prescribed by a medical practitioner is illegal and dangerous, the latter shown by the 7,328 deaths from opioid overdoses across Canada in 2022. “Only a doctor, dentist, veterinarian, nurse practitioner or midwife can legally prescribe prescription drugs,” says Ottawa criminal lawyer Céline Dostaler. “Medications

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Alberta accounts for one-fifth of stolen vehicles in Canada

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By LegalMatters Staff • One of the most common crimes in Alberta is theft. There were 3,526 charges for theft over $5,000 laid in Alberta in 2022, along with 83,324 charges for theft under $5,000 in that same period, according to Statistics Canada. “If someone is convicted of theft over $5,000, they face a maximum

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The charge of assault causing bodily involves physical contact

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By LegalMatters Staff • American news broadcasts and television shows often reference the charge “assault and battery.” That term is not used in Canada. The most comparable charge we have is assault causing bodily harm. “Bodily harm is an injury that affects someone’s physical health and well-being,” says Ottawa criminal lawyer Céline Dostaler. “It cannot

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Incidents of fraud are on the rise across Alberta

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By LegalMatters Staff • Fraud is a  common crime, especially in Alberta. Twenty-two per cent of Albertans reported being a victim of fraud in the past five years, according to Statistics Canada, compared to a national average of 17 per cent. “Both of those numbers may be much higher, as fraud is rarely reported to

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There are key differences between murder and manslaughter

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By LegalMatters Staff • Police will be looking to lay charges whenever someone is unlawfully killed. But will the suspect be charged with first-degree murder, second-degree murder or manslaughter? It all depends on the circumstances and the intent behind the act. “A first-degree murder charge is laid when the killing is planned and deliberate,” says

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Physical assaults are just one component of domestic violence

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By LegalMatters Staff • According to a national report, rural Saskatchewan, Manitoba and Alberta have the highest rates of intimate partner violence (IPV) against women in Canada. The Statistical Profile of Intimate Partner Violence in Canada published by the House of Commons found there were 535 police-reported incidents of IPV in urban areas per 100,000

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Impaired driving ‘one of the most heavily litigated areas’ of law

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By LegalMatters Staff • Anyone driving during the holiday season may find themselves waved over by a police officer at a checkstop. Police have broad discretionary powers to demand that any driver submit to a breath sample, even if they are not showing signs of impairment. “At a checkstop, you are legally obliged to comply

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