Criminal Law
Ms. Soica dedicated her efforts to criminal law defence by successfully representing minorities in Toronto while completing her law degree at the Osgoode Hall Law School. Since then, Ms. Soica became well versed with all of the Toronto, Brampton, and surrounding courthouses and maintains good relationships with Crown Prosecutors as well as senior criminal lawyers.
Ms. Soica understands your current predicament and addresses it by coupling top legal arguments and case-specific research with effective advocacy. Ms. Soica’s long-standing goal is to provide the highest level of representation and to minimize the impact of criminal charges on each client’s life course. Ms. Soica will pursue your case relentlessly.
Ms. Soica is transparent at every stage of the criminal process and wants to ensure that you have certainty regarding legal fees and the merits of your case. Ms. Soica is here to service you as a client and to guide you through this difficult time. She is approachable and dedicated to each case she decides to take on. For a free consultation, Ms. Roxana Soica is available at 416.723.6497. Ms. Soica is fluent in Romanian and Spanish.
For your own knowledge, Ms. Soica invites you to take a moment and review The Criminal Process.
How do you know when you have been charged with a criminal offence?
What is a bail hearing?
What should you expect of your first court appearance?
What is a Crown Pre-trial?
What is a Judicial Pre-trial?
What is a preliminary inquiry?
When do you have a preliminary inquiry?
What is a guilty plea?
When should you plead guilty?
What are my sentencing options?
What is a Charter Application?
What should you expect in a trial?
When you are charged with a criminal offence, the arresting officer should inform you of the arrest. You have a constitutional right to be informed without unreasonable delay of the specific offence you are charged with. Deviance from this constitutional right is uncommon; however, a lawyer can assess the situation and advise you of how this could affect your case.
Upon arrest, the police may: release you at the scene; ask you to come to the station to take your photographs and fingerprints; or detain you in custody for a bail hearing. If you are released, the police provides you with a Promise to Appear form and an Undertaking to Peace Officer form. These are crucial documents which you should review with a lawyer. Failure to abide with the conditions set out in the forms can lead to more criminal charges and a higher likelihood of the police holding you in custody. Additionally, you have the right to retain and instruct counsel without delay and to be informed of this right, as well as the right to have the validity of the detention determined by way of habeas corpus and to be released if the detention is unlawful.
If you are held in custody after being charged with a criminal offence , you have the right to be brought before a Justice within 24 hours of your arrest or as soon as possible if a Justice is not available within 24 hours.
A bail hearing, or show cause hearing, is the procedure by which an accused is released from custody. Section 515 of the Criminal Code provides that “the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice”. As such, the onus is on the Crown Prosecutor to demonstrate that there is cause for you to bheld in custody. Despite this provision of s 515, the onus and ability to be granted bail changes in the following situations:
An accused is always entitled to a presumption of innocence and the bail justice should not decide the result of the trial. An accused has the right to a lawyer during the bail hearing. It is important that you contact a lawyer before the bail hearing. It is crucial that you have a plan in place and a lawyer dedicated to your release can advise what grounds exist to detain you, whether you should have a surety, what conditions are likely to be imposed upon release, and/or the outcome of negotiations with the Crown prosecutor.
The bail hearing can be a complex procedure and a crucial component to your case: if you are released, your lawyer can create multiple defence options; if you are not released, the Crown Prosecutor has an advantage and you will likely decide to take the deal that will release you from jail even though it can hinder your situation in the long run. Being held in custody pending a trial is the worst case scenario, as you may have to wait in jail for months, even years to reach a trial.
The first court appearance can be frightening, intimidating or, for the very least, the last thing you want to do. You will arrive at the date, time, and place written in your “Promise to Appear Form”. You may also be scheduled for an Information session earlier in the day of your court appearance. The wait in court is unbearable, with lawyers and legal agents appearing first and the unrepresented accused last. You may arrive for 9AM but not be dealt with until the afternoon. You will most likely be provided with disclosure, which is a documentary depiction of the Crown’s case against you. Contacting a lawyer before your first appearance will save you the frustration, embarrassment, and time spent dealing with the first court appearance. Roxana Soica is well versed with all court appearances and can take over the case so that you do not have to worry about tens of court appearances over the course of months or years before your matter actually resolves.
A Crown Pre-trial is a meeting between your lawyer and the Crown Prosecutor. Your lawyer will be advocating on your behalf, as well as discuss triable issues and estimates for your case. It is vital to your case that you retain a lawyer. Roxana Soica’s approach to preparation for Crown Pre-trials, advocacy and negotiation has proven successful in enhancing her reputation among Crown Prosecutors. In the past, Roxana Soica’s efforts during Crown Pre-trials have resulted in early dismissal of cases, good deals for clients that resulted in withdrawal based on diversion or peace bonds, favourable plea deals, and a variety of consents.
A Judicial Pre-trial is a meeting between the Judge, Crown Prosecutor, and you or your legal representative. This is the first time a Judge looks at your case and the Judge’s input can have great consequences on the outcome of your case. Not having a lawyer during a Judicial Pre-trial means that you may not benefit from the best representation during this first meeting with a Judge. Roxana Soica is experienced with Judicial Pre-trials. In a recent case, the Crown Prosecutor was unwilling to lower his bargaining position but Roxana advocated for the client and the Judge was persuaded to agree with Roxana and to disagree with the Crown Prosecutor. The client avoided jail time and the matter was concluded efficiently.
A preliminary inquiry is another crucial step in your case. During this proceeding, the Judge must decide whether there is any admissible evidence upon which a reasonable jury, properly instructed, could return a verdict of guilty. If the answer is ‘yes’, then the accused is ordered to stand trial. If the answer is ‘no’, then the accused must be discharged.
Where prosecution adduces direct evidence of each element of the offence, the accused shall be ordered to stand trial, notwithstanding the defence calling exculpatory evidence. Where the prosecution adduces circumstantial evidence, the Judge will engage in a limited weighing (involving assessment of the reasonableness of the inferences to be drawn from the circumstantial evidence) of the whole of the evidence to determine whether a reasonable jury, properly instructed, could return a verdict of guilty.
You do not always have a preliminary inquiry. Certain offences have the absolute jurisdiction of a provincial judge, meaning that there will be no preliminary inquiry. Other offences (indictable and not listed in section 469) require that you elect whether you want to be tried: in a provincial court with a judge but without a jury and without a preliminary inquiry; or in Superior Court with a judge but without a jury; or in Superior Court with a judge and jury. If you elect superior court, then a preliminary inquiry will be held only if elected by the defence or the prosecution. Offences listed in section 469 are under the exclusive jurisdiction of the Superior Court. These include the most serious indictable offences such as murder and crimes against humanity.
In order to plead guilty, you must understand that:
A guilty plea requires your personal attendance in court to plead guilty. You may or may not choose to dispute the facts presented in court. For example, if you admit to slapping someone but the facts in court require you to admit to punching someone, you may dispute these facts. While slapping and punching can both amount to an Assault under the Criminal Code, admitting to particular facts can affect your sentence.
Roxana Soica believes that a guilty plea should be the last option. The ways in which a plea can affect your future are convoluted and can result in a simple admission of guilt or conviction. This has severe consequences. It is difficult for you to understand when to plead guilty without talking to a lawyer. One thing is certain: you should not decide to plead guilty before the disclosure has been reviewed, your lawyer has advised you of all defences available, including the strength of the Crown’s case, and you obtained a full understanding of the risks associated with a guilty plea.
There are many defences available and technicalities that only a lawyer can properly advise you of. Roxana does not want to see anyone’s future being hindered by a criminal charge, especially one that could have been defended with proper representation. Contact Roxana for a free chat any time.
The following sentencing structures currently exist in Canada:
– Absolute discharge: this is a finding of guilt but not a conviction. It results in having a criminal record for one year after which, if you are not charged with other criminal offences, it will not be disclosed to anyone.
– Conditional discharge: this is a finding of guilt but not a conviction. It comes with probation and specific conditions attached to it. It results in having a criminal record for three years from the date of the sentencing, after which, if you are not charged with other criminal offences, it will not be disclosed to anyone.
– Fine: this is a finding of guilt and a conviction. It requires that you pay an amount imposed by the Judge before a specified time period, which period your lawyer can advocate to lengthen.
– Suspended Sentence: this is a finding of guilt and a conviction. It always comes with probation and specific conditions.
– Conditional Sentence: this is a finding of guilt and a conviction. It is considered to be a jail term but it is served in the community. It can result in house arrest or specific conditions related to the times and reasons the individual can be outside the home. It can solely be imposed for a sentence of less than two years.
– Intermittent Sentence: this is a finding of guilt and a conviction. It is considered to be a jail term but it is served on the weekends. This would allow the accused to continue working. It can solely be imposed for a sentence of less than 90 days.
– Prison: this is evidently a finding of guilt and a conviction. It can be served in a penitentiary (sentences of 2 years or over) or in a provincial institution (sentences of less than 2 years)
– Victim Fine Surcharge: this is a mandatory fine that the Court must impose. It amounts to:
– In addition, orders can be attached to each charge such as ordering the accused to provide a DNA sample, weapons restrictions, lifetime bans, etc as well as any conditions imposed for the period of probation.
Your sentencing options depend on the circumstances of your case. A defence lawyer will know what to ask of you and how to prepare the a successful sentencing position. Roxana has extensive experience in sentencing and believes that, should you be found guilty of a criminal offence, you should still have options. Roxana does not think that there is any finding of guilt that cannot result in successful sentencing bargaining. Contact Roxana for a free chat any time.
The Charter of Rights and Freedoms provides you with a variety of rights that the police and the government in general must respect. A Charter Motion occurs before your trial to determine:
1) Whether there was a breach or breaches of your Charter right(s). The onus is generally on the accused to prove on a balance of probabilities that there was a breach. Upon a warrantless search, the onus shifts to the Crown.
2) If it is determined that there was a breach, the onus is on the accused to establish that the remedy for the Charterbreach is exclusion of the evidence.
Roxana Soica has drafted complex Charter Applications and believes that you should not suffer from police misconduct. However, Charter issues are a grey area in your case, depending on legal principles, the facts in your case, good drafting, and advocacy. Contacting a lawyer with experience in this area will result in an in-depth analysis of the rights engaged in your case. It may lead to early dismissal of the case, better negotiations with the Crown, exclusion of evidence, or a finding of not guilty.
A trial determines whether you are guilty of all the elements for the offences you are charged with. By this point, your lawyer has attended tens of court appearances, Motions, multiple Crown Pre-Trials, Judicial Pre-Trials, Preliminary Inquiry or Discovery (if elected); your lawyer also reviewed the law, your case, met with you and/or talked to you extensively. Roxana Soica spends copious amounts of time preparing for trial – she believes that she cannot be the best lawyer for you unless much of her time is dedicated to your trial. She also wants you to have certainty as to the fees you will be charged and is happy to chat for free any time to provide you with an estimate.
Dangerous Driving
Frequently Asked Question: Dangerous Driving
What happens if you are convicted of Dangerous Driving?
What are your rights?
What are your options on a Dangerous Driving charge?
Dangerous Driving is a serious offence and may lead to the following charges:
What happens if you are convicted of Dangerous Driving?
What are your rights?
Your Charter rights are crucial when determining the outcome of a Dangerous Driving case. The Crown Prosecutor wants to rely heavily on the accused’s statement to the police to ensure that they secure a conviction. Your statement can be excluded if:
What are your options on a Dangerous Driving charge?
Roxana Soica can help you determine whether the Crown’s case against you is a strong one. Her typical course of action is:
Impaired Driving & Over 80
Frequently Asked Questions: Drunk Driving
What is impaired driving?
What is the difference between Impaired driving and over 80?
What is Care or Control? Is it illegal to sleep in the car to sober up?
What is a Refuse Demand?
Sentencing
Can you still drive during the period of driving prohibition?
How do you apply for the Ignition Interlock Program?
What is the difference between Stream “A” and Stream “B”?
Driving while intoxicated can lead to serious charges, including the following Criminal Code charges:
What is impaired driving?
Impaired driving typically refers to your ability to drive due to alcohol or drug consumption. A charge stems from observations of the police officer: car swaying when driving, bloodshot eyes, slurred speech, unsteadiness, and/or any other signs of impairment.
What is the difference between Impaired Driving and Over 80?
Over 80 is different from impaired driving, as it does not matter if you exhibit any signs of impairment. A charge can be made out if it is held that you had 80 milligrams of alcohol over 100 milliliters of blood. The police checks this by administering a blood test or a breathalyzer test.
You cannot be convicted of both impaired driving and over 80 arising from the same incident.
What is Care or Control? Is it illegal to sleep in the car to sober up?
If you think that the safe option is to “sleep it off” before driving home, then think twice. The mere fact that you are found in the driver’s seat creates a presumption of care or control, which means that you will most likely be arrested and have to rebut, in court, the presumption that you were not in care or control. The legal test for care or control depends on a number of things but the court is mainly concerned with some use of the vehicle by the accused or some course of conduct associated with the vehicle which involves a risk of putting the vehicle in motion so that it could become dangerous.
While sleeping may negate an intent to drive and the presumption of care or control, it is not the end of the case. The court must still determine the risks of the vehicle being put in motion.
What is a Refuse Demand?
Where the police lawfully makes a demand that you test for impairment, you must comply. Otherwise, refusing a demand has the same penalty as being found Over 80. Exercise caution and call a lawyer before making the decision to refuse demand.
Sentencing
Sentencing for impaired driving, over 80, and refuse demand is the same. The Crown has the discretion to proceed summarily or by indictment. Your lawyer should strongly negotiate with the Crown to ensure that they do not proceed by indictment.
A summary election results in:
An indictment election results in:
Can you still drive during the period of driving prohibition?
In Ontario, you may be eligible for the Alcohol Ignition Interlock Device Program if you successfully register in the program and the judge allows you to drive under this program. Unless the court orders another fixed time period, then you must respect the timeline below.*
How do you apply for the Ignition Interlock Program?
Please take a moment to visit the Ontario Ministry of Transportation’s Ignition Interlock Program webpage:http://www.mto.gov.on.ca/english/safety/ignition-interlock-conduct-review-program.shtml
What is the difference between Stream “A” and Stream “B”?
Note that time restrictions also exist based on whether you qualify for Stream “A” or for Stream “B”. The main difference between Stream “A” and Stream “B” is that Stream “A” requires that you plead guilty and be sentenced less than 90 days from the date of the offence. You should consult with a lawyer before making the decision to plead guilty early for the sole purpose of meeting the requirements for Stream “A”. It can severely affect your situation, particularly because eligibility for Stream “A” is not guaranteed.
Failure to Stop
Frequently Asked Questions: Failure to Stop
What is Failure to Stop?
What is an “accident” within the meaning of this section?
Who do you have to assist in an accident?
What does it mean to have “intent to escape”?
What should you do if you are in an accident?
What if you leave the scene of the accident and then return?
Sentencing
Highway Traffic Act
What is Failure to Stop?
Section 252 of the Criminal Code makes it a criminal offence for a person who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, a vehicle, vessel or aircraft, or in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance. This is specific to this criminal offence: however, refer to the Highway Traffic Act provisions below for a broader capture of a fail to remain charge.
If you are reading this after you have been involved in an accident, the first step is: REMAIN SILENT AND CALL A LAWYER. It may be that your vehicle is with the police at the moment or it may be that you want to go to the police. Call Roxana Soica first because anything that you say may be extremely harmful to your case, even if you do not think so. Roxana understands your situation, the seriousness of the accident, and your worry about legal fees. The phone call is free of charge – you have nothing to lose.
What is an “accident” within the meaning of this section?
It does not matter if the accident was intentional or unintentional. It generally depends on the circumstances of your case but examples of incidents that were held to be accidents are:
Who do you have to assist in an accident?
You are required to offer assistance to any person who has been injured or appears to require assistance. This includes another passenger in your own vehicle.
What does it mean to have “intent to escape”?
You must know that the accident occurred. The intent to escape must be related to civil or criminal liability from the accident itself. It does not include:
There is a presumption at law that you did have an intent to escape civil or criminal liability if there is evidence that:
What should you do if you are in an accident?
Do not leave immediately. If you are uncertain, you should call a lawyer. You may never know if someone was injured or requires assistance. Again, remain silent if the police asks for a statement.
What if you leave the scene of the accident and then return?
Where an accused stopped his vehicle and examined the other vehicle, found no one in proximity, and intended to make a report in the morning (which he did), this showed that he did not have the intent to escape criminal or civil liability. However, you should be careful about leaving the scene. The police may still want you to be charged and you will have to go through the criminal process to rebut the presumption that you did not leave the scene to avoid civil or criminal liability.
If the vehicle you struck is not occupied, your responsibility is to find the owner.
SENTENCING
Generally, if no bodily harm or death is involved, the maximum imprisonment time is five years. A lawyer can negotiate with the Crown that they pursue this offence by way of summary election, which is unlikely to result in jail time or, for the very least, drastically reduce the otherwise severe impact on your life.
If this offence is committed knowing that bodily harm has been caused to another person involved in the accident, the maximum imprisonment term is ten years.
Imprisonment for life is the end game in the case of death or serious bodily harm that could result in death:
(a) the person knows that another person involved in the accident is dead; or
(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.
Driving prohibition: the Court also has the discretion to impose a driving prohibition, which can amount to years in length.
Highway Traffic Act
Sections 199 and 200 of the Highway Traffic Act govern the duties of a person involved in an accident. These include:
A lawyer may turn a criminal charge into a Highway Traffic Act charge. However, there are a variety of defences available for the criminal charge, as well for a Highway Traffic Act charge.
There are OPTIONS. Call Roxana Soica today for a free consultation: 416.723.6497.
*Note that highway includes: includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof
Flight from Police
Frequently Asked Questions: Flight From Police
What is a Flight from Police charge?
What should you say to the police if they ask for a statement?
Does the police have the right to pull you over?
Sentencing
Highway Traffic Act
What is a Flight from Police charge?
The charge of flight from police is met when operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, and failing, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances. Please note that a lawyer could reduce this criminal charge to a Highway Traffic Act charge as well.
What should you say to the police if they ask for a statement?
In order for this charge to be made out, it is essential that the Crown also prove the identity of the driver. This is where your right to remain silence plays a crucial role. If you avoid the police during a chase or are investigated for this charge, you should call a lawyer. Do not give a statement. The police is allowed to lie to you about evidence they have against you. It is possible to avoid a charge if you speak to a lawyer. Roxana Soica is one free phone call away: 416.723.6497.
Does the police have the right to pull you over?
The police has wide powers when it comes to stopping motor vehicles. The stop must not be unlawful but R.I.D.E. programs or stopping to check for your driver’s licence, insurance, and registration when you did not do anything wrong, is legal nonetheless. It is difficult for you to determine on your own whether the police is entitled to stop you. In fact, this is difficult for a court to determine as well.
Clients choose to drive away from the police because they have something in the car that they do not want the police to see. You should discuss your reasons with a lawyer.
Sentencing
The maximum imprisonment time is five years. However, a lawyer can convince the Crown to proceed by way of summary election, meaning that jail time can be avoided or, for the very least, avoid otherwise severe impact on your life, as it would be a maximum of six months imprisonment. Driving prohibition and other court orders specific to your case will be imposed.
If the flight causes bodily harm or death, this is a more serious charge resulting in:
Highway Traffic Act (s 216 (1))
A reduction of the charge from a criminal one to a provincial one will reduce the maximum term of imprisonment to six month and/or a minimum fine of $1,000.00 but not more than $10,000.00 (s 216 (2)).
However, care must be taken in converting the criminal charge into a a provincial charge under s 216 (3), which can result in serious minimums that the criminal charge does not have:
Street racing
Frequently Asked Questions: Street Racing
What is street racing?
What is Causing Death by Criminal Negligence (street racing)?
What is Causing Bodily Harm by Criminal Negligence (street racing)?
What is Dangerous Operation of a Motor vehicle while street racing?
What is street racing?
Street racing is defined in the Criminal Code as operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place. There are three offences related to street racing:
Section 249.2 of the Criminal Code: Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.
Section 249.3 of the Criminal Code: Everyone who by criminal negligence causes bodily harm to another person while street racing is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Section 249.4 of the Criminal Code: Everyone commits an offence who, while street racing, operates a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place.
Dangerous operation results in the following punishment:
Assault
Assault is a very serious charge of violence. It can have repercussions on your career and future sentencing. A conviction for Assault can range from a discharge (unlikely) to penitentiary (jail for a term longer than two years).
There are different types of Assault in the Criminal Code:
Roxana Soica has extensive experience with all of the above charges. Assault rarely results in a discharge. The violent nature of the charge results in a conviction and imprisonment.
In recent assault cases (assault simpliciter, assault peace officer, assault with a weapon, assault causing bodily harm) Roxana had the charges completely withdrawn, with no record to the accused. This was even in cases where the Crown indicated a jail term on the Crown Screening form. For example, during a fight, a spouse pushed her partner down the stairs, causing bodily harm. This was a very serious charge that could have had repercussions on the client’s immigration status as well as freedom. Roxana managed to obtain a Peace Bond. The charge was withdrawn and the client was beyond thankful.
Domestic Assault
Frequently Asked Questions: Domestic Assault
Is Domestic Assault a serious charge?
What is a Peace Bond?
When should you enter a Peace Bond?
When can you communicate with your spouse again? When can you see your children? When can you come home?
Can your spouse/complainant withdraw the charges?
Can you go to jail for a charge of Domestic Assault?
Is Domestic Assault a serious charge?
Domestic Assault is a very difficult charge, not only because of the difficulties on the accused but also because it is taken very seriously in Toronto and special policies apply to it. This is why the smallest fight may have enormous consequences. It leads to strict conditions such as not being able to see or communicate with your spouse and/or children, as well as having to leave your home. Your whole life may change from a phone call made to the police during a fight with your spouse. Roxana Soica’s experience with domestic assault is that the lawyer must act right away to ensure that your case does not remain stagnant for a long time. Domestic assault is very different from other charges: the emotional component and family situation require that your lawyer have a different skill set.
Domestic Assault is an extremely sensitive issue and one of Roxana’s priority cases. She invites you to a free telephone consultation at 416-723-6497. There are many options in a Domestic Assault case, some of which are discussed below.
What is a Peace Bond?
A Peace Bond is a set of conditions that you voluntarily agree to abide for a period of 12 months. These typically include:
When you enter a peace bond, you will be required to acknowledge responsibility for the incident that occurred. This is not a finding of guilt and it is not to say that your spouse did not have a part in the incident that lead to the charge.
When should you enter a Peace Bond?
You should consult a lawyer before entering into a Peace Bond. Roxana would not advise a client to enter a Peace Bond before she has carefully reviews all disclosure and conducts a Crown Pre-trial. It may be that the best decision for you is to enter a Peace Bond but it may also be the worst decision. The Crown Prosecutor may offer a Peace Bond to you in exchange for straight withdrawal of the charges, withdrawal of the charges pending a Partner Abuse Program completion, or a better position on a guilty plea which may also require the completion of a Partner Abuse Program.
When can you communicate with your spouse again? When can you see your children? When can you come home?
A Peace Bond and/or undertaking to successfully complete counselling may help with all of the above. However, you should consult a lawyer to understand the risks that you are taking. Be informed because your decision will affect:
Roxana also aims to obtain a consent variation of your conditions but this is always dependent on the circumstances of your case and your lawyer’s negotiation skills.
Can your spouse/complainant withdraw the charges?
No. Once the complaint has been made, it is up to the Crown Prosecutor what happens to the charge, contrary to popular belief. However, a lawyer can assist the complainant in properly communicating with the Crown. Roxana Soica can help complainants by drafting affidavits and/or declarations to protect their rights when trying to have the charges withdrawn.
Can you go to jail for a charge of domestic assault?
Yes, you can go to jail. There are numerous factors at play in a domestic assault case but Roxana’s approach is as follows:
Sexual Assault
Roxana was recently involved in very serious Sexual Assault cases. A Sexual Assault case is rarely straightforward for the Crown Prosecutor to prove beyond a reasonable doubt. Roxana has drafted applications and subpoenas in the long process of a Sexual Assault case. In the most recent case she was involved with, the multiple counts of Sexual Assault, Sexual Interference, Invitation to Touch, all within the context of sexual assault on a minor, were stayed. This means that the Crown dropped the charges and the accused was free to go.
Frequently Asked Questions: Sexual Assault
What is Sexual Assault?
Sentencing
What is Sexual Assault?
In order to secure a conviction for Sexual Assault, the Crown must prove beyond a reasonable doubt that:
There are a number of defences that exist, some of which are:
An important element in your defence is your statement. You may be tempted to say that you never touched the complainant but later your DNA is found there. You may be tempted to take a deal from the police. Remember to always call a lawyer before talking to the police. Exercise your right to remain silent and your right to counsel.
Sentencing
Again, it is important to call a lawyer early in the case: the Crown can choose to elect by indictment or summarily. Your lawyer thus has an opportunity early on to influence a charge to become a summary charge:
(a) An indictable offence leads to: imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or
(b) An offence punishable on summary conviction leads to: imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.
Child Pornography & Internet Luring
Child Pornography and Internet Luring are charges that can change your life in the most significant of ways: the thought of jail, the humiliation, the change of social status, the loss of loved ones. A lawyer understands this and is there to help, whether it is fighting endlessly to put a stop to the charges, or getting you in touch with the right resources to overcome the underlying issue.
Frequently Asked Questions: Child Pornography & Internet Luring
What is Internet Luring?
What if you believed the person was of age?
What evidence will be introduced?
Sentencing
What is Child Pornograpgy?
What is Internet Luring?
Internet Luring (section 172.1) is the offence of communicating by way of a computer system (telecommunication) with:
(a) a person under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person for the purpose of sexual exploitation, incest, child pornography, procuring or prostitution, or sexual assault.
(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under commission of sexual interference, invitation to sexual touching, bestiality in the presence of or by a child, exposure or abduction of a child under 16 with respect to that person.
(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the abduction of that person.
What if you believed the person was of age?
It is not a defence that you believed the person was of age. There must be evidence introduced by the accused to demonstrate that he/she took reasonable steps to ascertain the age. If you were told that the person was 18, 16, or 14, this may be proof that you believed they were of age.
What evidence will be introduced?
The most potent evidence will be anything regarding your identity as well as the computer search. You should invoke your right to remain silent and right to call a lawyer. A statement obtained from you will be used against you. You may think that now is a good time to confess or you may feel pressured by the police to let it all out. Before you decide doing something like that, be informed by calling a lawyer. Take your time. Otherwise, if you give an incriminating statement, your lawyer will then have to fight to exclude it based on the confessions rule or based on a Charter breach.
The search of the computer is another important element. The warrant has to meet certain criteria in order for the search to be qualified as constitutional. Remember that the onus is on the Crown Attorney to prove the charges beyond a reasonable doubt. Defences exist and you have a right to have the Crown prove the case against you at trial.
Sentencing
It is important to call a lawyer as early as possible. If you wait too long, the Crown may have already made an election and the repercussions will be much more significant.
If the Crown make an election by indictment:
However, if your lawyer convinces the Crown to make a summary election:
A good lawyer will spend time with you to understand what happened and will ensure that psychological evidence and/or any other evidence is introduced and negotiate with the Crown accordingly to join in light sentencing for you.
Sex Offender Information Registry Act (S.O.I.R.A.)
A conviction of Child Internet Luring will lead to an Order to comply with the Sex Offender Information Registry Act as well. The Order can be anywhere between ten years to life.
What is Child Pornography?
Child Pornography charges (section 163.1) are even more serious charge than Internet Luring. It also results in registration under the Sex Offender Information Registry Act for a minimum between 10 years and 20 years. Again, the distinction between a summary election or by indictment is very important as well. The Sentencing depends on it:
Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.
Distribution, etc. of child pornography
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.
Possession of child pornography
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Accessing child pornography
(4.1) Every person who accesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
Most people do not understand the seriousness of a voyeurism charge. In fact, they may not know that they could be charge with a criminal offence. For example, cottage owners were charged with criminal voyeurism when they had cameras installed in the bedroom of their cottage as a safety net in case the persons they rented the cottage caused damage.
Voyeurism is a Criminal Code offence.
Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose.
Drugs
Some of the most common drug charges cases that Roxana has extensive experience with are:
Roxana is here to give you options. She has experience drafting Applications to exclude the drugs as evidence as well as developing a defence theory most appropriate to the circumstances of your case. Call today for a free consultation.
Typical scenarios:
All of the above scenarios (and more) can lead to drugs charges but all of them can be assessed by a criminal lawyer to determine if:
What firearms and weapons charges exist??
What is the punishment for possession of firearm?
What is the difference between a firearm and a weapon?
Until recently, the punishment for possessing prohibited or restricted firearms when the firearm is loaded or kept with readily accessible ammunition was three years minimum for a first offence and five years minimum for a second or subsequent offence. This was in the case that the Crown made an election by indictment. A summary election would have simply lead to a maximum of one year imprisonment. In a recent case, the Supreme Court of Canada struck down these minimums. However, both accused were sentenced to seven years and 40 months, respectively.
In a firearms charge, it is important to have your lawyer negotiate with the Crown and present such as evidence as necessary for the charge to fall within the maximum of one year imprisonment.
Note that, in addition to jail time, mandatory prohibition orders, probation, and other conditions will be imposed.
Firearms and weapons is a complicated area of the law, with multiple Acts and regulations involved. For certainty, you should contact a lawyer
(a) a handgun that
but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,
Theft
Theft: Frequently Asked Questions
What if you are charged with Theft?
What is Theft?
What if you are charged with theft from your employer?
Sentencing
What if you are charged with Theft?
Theft charges can have serious consequences on your life. The good news is that, in many theft cases, the defence lawyer is able to compile a number of different options for you in terms of your defence and/or early resolution. Most people do not realize that one simple charge of theft/shoplifting can affect your criminal record.
Recent successes have included Roxana avoiding jail time for clients with lengthy records. They have also included avoiding convictions and having all charges withdrawn. Call Roxana Soica for a free consultation at 416.723.6497.
What is Theft?
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
What if you are charged with theft from your employer?
This is serious charge, involving breach of trust. It is more difficult to obtain an early resolution in this case but your lawyer can develop a plan to ensure that you have many other options available.
Sentencing
The punishment for theft ranges from case to case:
Fraud is a very serious charge. Roxana Soica understands the delicacy of this charge and how to proceed with Crown Prosecutors. In a recent case, Roxana had the charge of Fraud completely withdrawn: the client was happy to walk away with NO CRIMINAL RECORD. Roxana’s finance background gives her an edge in fraud cases. She is happy to chat free of charge at 416.723.6497.
What is Fraud?
The Criminal Code defines Fraud Under as:
(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Sentencing
It is important that your lawyer negotiate with the Crown early on to ensure that the Crown does not proceed by indictment. All sentencing options are available (please refer to The Criminal Process) but fraud charges are more likely to result in a criminal conviction and jail than theft charges.
What is Proceeds of Crime?
Sentencing
What is Proceeds of Crime?
Proceeds of crime is a very serious offence. It often comes with charges of Theft, Fraud, Drugs, Assault, Robbery, etc.
The Criminal Code defines Proceeds of Crime as:
“Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
(a) the commission in Canada of a designated offence; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.”
Sentencing
Sentencing depends on whether the Crown elects summarily or by indictment. It is thus important to contact a lawyer early on to ensure that the election is negotiated.
While youth can be found guilty of a criminal offence, the Youth Justice Act changes the procedure in criminal courts for youth.
Roxana Soica’s experience with young offenders allows her to understand the different dynamics in dealing with and coming to a favourable resolution. Roxana’s practice is to spend time understanding the accused’s background and, if necessary, involve other professionals such as therapists and/or social workers to ensure that the best arguments are put forward.
Roxana Soica is a
with extensive experience in:
Roxana Soica offers the following services:
Toronto Commissioner
Toronto Notary Public
Barrie Commissioner
Barrie Notary Public
Innisfil Commissioner
Innisfil Notary Public
Roxana Soica is fluent in Romanian and Spanish:
Comisar Roman in Toronto
Comisar Roman in Barrie
Comisar Roman in Innisfil
Notar Public Roman in Toronto
Notar Public Roman in Barrie
Notar Public in Innisfil
Comisionado en Toronto
Comisionado en Barrie
Comisionado en Toronto
Notario publico en Toronto
Notario publico en Barrie
Notario publico en Toronto
What is a pardon?
How do you apply for a pardon?
How do you obtain a pardon?
What is a pardon?
A pardon is aimed at minimizing the negative consequences of a conviction. It does not “retroactively wipe out the conviction” but has the effect of diminishing the impact of the conviction on your general life and potential for employment. Once you are granted a pardon, the content and existence of the criminal record cannot be disclosed to any person without the prior approval of the Minister of Public Safety and Emergency Preparedness. The only exception is that of children and vulnerable persons: although a pardon has been granted, the Commissioner of the Royal Mounted Police is authorized to enable a member of the police to determined whether there has been a conviction for a listed sexual offence. If you seek employment or voluntary work involving a position of authority or trust in relation to children or vulnerable persons, then the information regarding the sexual offence pardon will be provided for this purpose.
How do you apply for a pardon?
The National Parole Board has the exclusive jurisdiction to grant or refuse a pardon. The application for a pardon is submitted according to the Criminal Records Act. The applicable time period must have elapsed. There are many restrictions on the application of the record suspension, found in section 4 of the Criminal Records Act.
How do you obtain a pardon?
The Board must be satisfied that you have been of good conduct and not convicted of another offence and, in the case of an indictable offence, that ordering the record suspension would provide a measurable benefit to the applicant, would sustain his or her rehabilitation in society as a law-abiding citizen and would not bring the administration of justice into disrepute.
The Board considers certain factors such as:
You should contact a lawyer before you plan to apply for a pardon. Roxana can draft your application and advise what future actions to take. This may strengthen the likelihood of obtaining a pardon.
Law
For your own knowledge, Ms. Soica invites you to refer to Criminal Code and Controlled Drugs and Substances Actprovisions:
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where
(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).
Drugs – Controlled Drugs and Substances Act
Possession of substance
(2) No person shall seek or obtain
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I
(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II
(5) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VIII is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.
(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III
(7) Every person who contravenes subsection (2)
(8) For the purposes of subsection (5) and Schedule VIII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
Trafficking in substance
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
(3) Every person who contravenes subsection (1) or (2)
(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
Importing and exporting
(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.
(3) Every person who contravenes subsection (1) or (2)
Production of substance
(2) Every person who contravenes subsection (1)
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
Possession, etc., for use in production of or trafficking in substance
(2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.
(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
(b) while attempting to commit an indictable offence; or
(c) during flight after committing or attempting to commit an indictable offence.
(2) Every person commits an offence who uses an imitation firearm
(a) while committing an indictable offence,
(b) while attempting to commit an indictable offence, or
(c) during flight after committing or attempting to commit an indictable offence,
whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.
(c) [Repealed, 2008, c. 6, s. 3]
(4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).
R.S., 1985, c. C-46, s. 85;
1995, c. 39, s. 139;
2003, c. 8, s. 3;
2008, c. 6, s. 3;
2009, c. 22, s. 3.
(2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Actrespecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment
(i) in the case of a first offence, for a term not exceeding two years, and
(ii) in the case of a second or subsequent offence, for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 86;
1991, c. 40, s. 3;
1995, c. 39, s. 139.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 87;
1995, c. 39, s. 139.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 88;
1995, c. 39, s. 139.
(2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 89;
1995, c. 39, s. 139.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 90;
1991, c. 28, s. 6, c. 40, ss. 4, 35;
1994, c. 44, s. 6;
1995, c. 39, s. 139.
(a) a licence under which the person may possess it; and
(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
(4) Subsections (1) and (2) do not apply to
(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or
(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
(i) lawfully disposes of it, or
(ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
(5) [Repealed, 2012, c. 6, s. 2]
R.S., 1985, c. C-46, s. 91;
1991, c. 28, s. 7, c. 40, ss. 5, 36;
1995, c. 22, s. 10, c. 39, s. 139;
2008, c. 6, s. 4;
2012, c. 6, s. 2.
(a) a licence under which the person may possess it; and
(b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
(a) in the case of a first offence, to imprisonment for a term not exceeding ten years;
(b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and
(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.
(4) Subsections (1) and (2) do not apply to
(a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or
(b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
(i) lawfully disposes of it, or
(ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
(5) and (6) [Repealed, 2012, c. 6, s. 3]
R.S., 1985, c. C-46, s. 92;
R.S., 1985, c. 1 (2nd Supp.), s. 213;
1991, c. 40, s. 7;
1995, c. 39, s. 139;
2008, c. 6, s. 5;
2012, c. 6, s. 3.
(a) indicated on the authorization or licence as being a place where the person may not possess it;
(b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or
(c) other than a place where it may be possessed under the Firearms Act.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
(3) Subsection (1) does not apply to a person who possesses a replica firearm.
R.S., 1985, c. C-46, s. 93;
1991, c. 40, s. 8;
1995, c. 39, s. 139;
2008, c. 6, s. 6.
(a) in the case of a firearm,
(i) the person or any other occupant of the motor vehicle is the holder of
(A) a licence under which the person or other occupant may possess the firearm, and
(B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of
(A) a licence under which that other occupant may possess the firearm, and
(B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or
(iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and
(b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,
(i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was
(A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
(3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.
(4) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition by the operation of law.
(5) [Repealed, 2012, c. 6, s. 4]
R.S., 1985, c. C-46, s. 94;
1995, c. 39, s. 139;
2008, c. 6, s. 7;
2012, c. 6, s. 4.
(a) an authorization or a licence under which the person may possess the firearm in that place; and
(b) the registration certificate for the firearm.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, three years, and
(ii) in the case of a second or subsequent offence, five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
(3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.
R.S., 1985, c. C-46, s. 95;
1991, c. 28, s. 8, c. 40, ss. 9, 37;
1993, c. 25, s. 93;
1995, c. 39, s. 139;
2008, c. 6, s. 8;
2012, c. 6, s. 5(E).
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
(3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.
R.S., 1985, c. C-46, s. 96;
1995, c. 39, s. 139.
(a) breaks and enters a place with intent to steal a firearm located in it;
(b) breaks and enters a place and steals a firearm located in it; or
(c) breaks out of a place after
(i) stealing a firearm located in it, or
(ii) entering the place with intent to steal a firearm located in it.
Definitions of “break” and “place”
(2) In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
(3) For the purposes of this section,
(a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and
(b) a person is deemed to have broken and entered if he or she
(i) obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii) entered without lawful justification or excuse by a permanent or temporary opening.
(4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.
R.S., 1985, c. C-46, s. 98;
R.S., 1985, c. 27 (1st Supp.), s. 13;
1991, c. 40, s. 11;
1995, c. 39, s. 139;
2008, c. 6, s. 9.
98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
2008, c. 6, s. 9.
(a) manufactures or transfers, whether or not for consideration, or
(b) offers to do anything referred to in paragraph (a) in respect of
a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.
(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.
R.S., 1985, c. C-46, s. 99;
1995, c. 39, s. 139;
2008, c. 6, s. 10.
(a) transferring it, whether or not for consideration, or
(b) offering to transfer it,
knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.
(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.
R.S., 1985, c. C-46, s. 100;
R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F);
1990, c. 16, s. 2, c. 17, s. 8;
1991, c. 40, s. 12;
1992, c. 51, s. 33;
1995, c. 22, ss. 10, 18(F), c. 39, s. 139;
1996, c. 19, s. 65;
2008, c. 6, s. 11.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 101;
1991, c. 40, s. 13;
1995, c. 39, s. 139.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
R.S., 1985, c. C-46, s. 102;
R.S., 1985, c. 27 (1st Supp.), s. 203;
1991, c. 28, s. 9, c. 40, s. 14;
1995, c. 39, s. 139.
(a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,
knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
R.S., 1985, c. C-46, s. 103;
1991, c. 40, s. 15;
1995, c. 39, s. 139;
2008, c. 6, s. 12.
(a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,
otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
R.S., 1985, c. C-46, s. 104;
1991, c. 40, s. 16;
1995, c. 39, s. 139.
(a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or
(b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 105;
1991, c. 28, s. 10, c. 40, ss. 18, 39;
1994, c. 44, s. 7;
1995, c. 39, s. 139.
(a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,
does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 106;
R.S., 1985, c. 27 (1st Supp.), s. 203;
1991, c. 40, s. 19;
1995, c. 22, s. 10, c. 39, s. 139;
2012, c. 6, s. 6.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Definition of “report” or “statement”
(3) In this section, “report” or “statement” means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.
R.S., 1985, c. C-46, s. 107;
1991, c. 40, s. 20;
1995, c. 39, s. 139.
(a) alters, defaces or removes a serial number on a firearm; or
(b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
(3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.
(4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.
Dangerous Driving and Careless Driving
Dangerous operation of motor vehicles, vessels and aircraft
(2) Every one who commits an offence under subsection (1)
Dangerous operation causing bodily harm
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Dangerous operation causing death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Careless driving (Highway Traffic Act)