Nudity

174(1) Everyone who, without lawful excuse, is nude in a public place, or is nude and exposed to public view while on private property, whether or not the property is his own, is guilty of an offence punishable on summary conviction. For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

Possible Defense:

• Nudity action is not sexual
• Not intended to harass or harm anyone.

Causing disturbance, indecent exhibition, loitering, etc.

175(1) Everyone who

• Not being in a dwelling-house, causes a disturbance in or near a public place,
  • By fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
  • By being drunk, or
  • By impeding or molesting other persons,
• Openly exposes or exhibits an indecent exhibition in a public place,
• Loiters in a public place and in any way obstructs persons who are in that place, or
• Disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied, is guilty of an offence punishable on summary conviction.

Elements to prove the offence under sub paragraph a:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The commission of one of the enumerated acts:
  • Fighting,
  • Screaming,
  • Shouting,
  • Swearing,
  • Singing,
  • Using insulting or obscene language,
  • Being drunk, or
  • Impeding or molesting other persons
• The act causes a disturbance
• The disturbance is in or near a public place.

Possible Defense:

• The place was not a public place or near a public place
• The act was not foreseeable
• The act didn’t create extreme disturbance as in case R v Lohnes

Elements to prove the offence under subparagraph b:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit “loiters” in a “public place” and
• In any way obstructs persons who are in that place

Possible Defence:

• Accused didn’t obstruct people
• Accused had a purpose by attending the place as explained in R. v. Gauvin

• Disturbing religious worship or certain meetings contrary to S176

  Everyone who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.

  Idem

  Everyone who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

  Elements to prove the offence:

  • Identity of accused as culprit
  • Date and time of incident
  • Jurisdiction (incl. region and province)
  • The culprit willfully disturbs or interrupts the meeting
  • The meeting is held for religious purpose

  Possible Defence:

  • Accused had no Intention
  • Meeting was not Religious

Trespassing at Night

Sec 177 Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

Elements to prove the offence:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit “loitered” or “prowled”;
• The prohibited act was
  • “At night”;
  • “On the property of another person”; and
  • “Near” a “dwelling-house”; and
• There was no “lawful excuse” for the prohibited conduct (including permission from the owner).

Possible Defence

Consent can be given to you by both words and actions. For example, if someone tells you that you can enter their property, you can argue that you were given consent.

Impaired Operation contrary to section 320.14 (4)

Everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).

Elements to prove the offence:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit’s drug concentration equals or exceeds the regulated amount.
• The culprit’s drug concentration is less than the amount set by regulation for an offence under s. 320.14(1)(c).
• The culprit operated a conveyance within two hours from the time that the measurement of drug concentration was taken.

Punishment

Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.

Challenging impaired driving charges

Defence of the accused in impaired driving cases in Ontario begins with gathering evidence at the site as well as establishing that all the charter issues have been strictly followed by the officer who has imposed the charges on the accused. These include s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In cases where the officer stops someone without warrant, then a defence may be raised based on (s.8) (unreasonable search and seizure).

Taking motor vehicle or vessel or found therein without consent

335(1) Subject to subsection (1.1), everyone who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated, or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

Exception

(1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

Punishment

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

Possible Defences to this charge could be consent, duress, A factual dispute, honest and reasonable mistake of belief, wrongful identification, lack of intent or necessity.

Fraudulently Obtaining Food

364(1) Everyone who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

Punishment

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

Possible Defence: Challenging evidence that the accused obtained food in that place that is in the business of providing it and did not pay for it and (a) made a false or fictitious show or pretence of having baggage, (b) had any false or pretended baggage, (c) surreptitiously removed or attempted to remove his baggage or any material part of it.

Fraudulently obtaining transportation

S 393 (3) Everyone who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

Possible Defence:

As in 364(1) above.

Falsifying Employment Record

398 Everyone who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

Everyone who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.

Punishment

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

Possible Defence:

• Proof that there was no intent to falsify
• Accused believed that the records were genuine.

Conspiracy

465 (1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:
(d) Everyone who conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punishable on summary conviction.

Elements to prove the offence:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction incl. region and province)
• The words communicated in the conspiracy
• There was an agreement made between the parties
• The parties had an intention to agree to put a “common design into effect” and did in fact agree
• The parties did not change their minds or intention to put common design into effect

Punishment

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

There are 4 possible defences for conspiracy: you or your counsel has the duty to prove that;

• You never Agreed to Participate with the Co-conspirator
• You withdrew your participation in the conspiracy
• You believe you were acting legally
• You or Your Co-Conspirator did not commit an Act furthering the crime

Identity Document

S 56.1(1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

Punishment if prosecuted summarily

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

Possible Defence

• Possessing valid document
• Proof that you believed the document was valid
• Proof of no-intention to produce an invalid document

Disobeying order of Court

Section 127(1) Everyone who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
(b) An offence punishable on summary conviction.

Elements to prove the offence:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction incl. region and province)
• The culprit ‘disobeys a lawful order”;
• The order is “made by a court of justice” or “by a person or body of persons authorized by any Act to make or give the order”;
• The order is not “an order for the payment of money”;
• The punishment “or other mode of proceeding” is not otherwise “expressly provided by law”;
• The culprit was without a “lawful excuse”;
• The culprit intended to disobey the order of the Court; and
• What the order required the accused to do.

Punishment if prosecuted summarily

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

Possible Defence:

Intent: Only intentional contact is prohibited under the order of protection; however, unintentional contact can be misconstrued and result in charges. Notwithstanding, the prosecutor must prove intent beyond a reasonable doubt at trial. This is often a difficult burden to meet and can result in acquittal.

Public Mischief

Section 140 (2) Public mischief under section 140(2) involves falsely reporting crimes to the police resulting in unnecessary investigations, wasted public resources, and sometimes criminal charges being laid against innocent third parties. Public mischief is a hybrid offence, which means that the crime can be prosecuted either summarily (less serious) or by indictment (more serious). Everyone who commits public mischief is:

• Guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
• Guilty of an offence punishable on summary conviction.

Elements to prove the offence:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction incl. region and province)
• The culprit conveyed information to a peace officer, directly or indirectly, by words, writing, or conduct
• The information conveyed was a “false statement”
• The culprit caused the “peace officer to enter or continue an investigation” by doing one of the following:
  • “Making a false statement that accuses some other person of having committed an offence”;
  • “Doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself”;
  • “Reporting that an offence has been committed when it has not been committed”; or
  • “Reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.”
• The culprit intended to mislead.

Punishment if prosecuted summarily

• Fine no more than $5000
• Imprisonment of no more than 2 years as in accordance with s 787 Criminal code

Possible defence: Colour of right.

Show that you thought you were legally permitted to destroy or interfere with the property by colour of right. This is a situation where you honestly and legitimately believed that a particular set of facts were true, when in fact they were not.

Indecent Acts

173(1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,
(a) Is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
(b) Is guilty of an offence punishable on summary conviction.

Exposure

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years
(a) Is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or
(b) Is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

Proving indecent act in a public place under s. 173(1) should include:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit performs an indecent act;
• The culprit did the prohibited act wilfully;
• The location of the prohibited act is either:
  • A public place and is in the presence of one or more individuals, or
  • “In any place with intent to insult or offend any person”.

Proving exposes genitals to person under 16 under s. 173(2) should include:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction incl. region and province
• Exposes genital organs;
• Exposes for a sexual purpose;
• In presence of person under 16; and
• The culprit knew or was reckless that person was under 16.

Possible defence: you or your counsel will have to prove that:

• The Indecent act did not take place in public
• Did not intent to offend or harass someone
• Did not happen for any sexual intentions

Criminal Harassment

264(1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Prohibited Conduct
(2) The conduct mentioned in subsection (1) consists of

• Repeatedly following from place to place the other person or anyone known to them;
• Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
• Besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
• Engaging in threatening conduct directed at the other person or any member of their family.

Punishment (b) An offence punishable on summary conviction.
Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Element to prove offence:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit has engaged in the conduct set out in s. 264(2)(a), (b), (c) or (d) of the criminal code;
• The complainant was harassed by the conduct;
• The culprit, who engaged in such conduct, knew that the complainant was harassed or was reckless or wilfully blind as to whether the complainant was harassed;
• The conduct caused the complainant to fear for their safety or the safety of anyone known to them; and
• The complainant’s fear was, in all the circumstances, reasonable.

Uttering Threats

264.1(1) Everyone commits an offence who, in any manner, knowingly utters, conveys, or causes any person to receive a threat;

• To cause death or bodily harm to any person;
• To burn, destroy or damage real or personal property; or
• To kill, poison or injure an animal or bird that is the property of any person.
  • Every one who commits an offence under paragraph (1)(a) is guilty of
    • An indictable offence and liable to imprisonment for a term not exceeding five years; or
    • An offence punishable on summary conviction.
  • Every one who commits an offence under paragraph (1)(b) or (c)
    • Is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
    • Is guilty of an offence punishable on summary conviction.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Elements to prove the offence:
If threat is to cause death or bodily harm to any person

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit “utters, … coveys or causes any person to receive” a communication;
• That communication conveyed a threat to “cause death or bodily harm to any person”,
• The communication were meant to be taken seriously as a threat; and
• Any person received the threat.

If threat is to damage property or injure animals

• • Identity of accused as culprit
  • Date and time of incident
  • Jurisdiction (incl. region and province)
  • The culprit “utters, … coveys or causes any person to receive” a communication;
  • That communication conveyed a threat to “burn, destroy or damage real property” or “kill, poison, or injure an animal that is the property of any person”;
  • The communication meant to be taken seriously as a threat; and
  • Any person received the threat.

Defence: The most appropriate defence against an uttering threat charge will depend on the incident’s context. However, you need to demonstrate in court that: Your Words, Gesture, Or Message were not a real threat.

Assault S 265 and 266 b

265 (1) A person commits an assault when

• Without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
• He attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
• While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

S 266 Everyone who commits an assault is guilty of

• An indictable offence and is liable to imprisonment for a term not exceeding five years; or
• An offence punishable on summary conviction.

Proving assault by force under s. 265(1)(a) should include:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit applied force on the victim
• The culprit intended to apply force and it was not by reflex or carelessly
• The manner in which assault occurred (whether by fist, open hand, or object)
• Injuries, if any, that occurred
• Compare physical build between the accused and victim
• That the complainant did not consent (see also s. 265(3) and (4))
• That the complainant did not assault, threaten or provoke the accused
• Whether an alcohol was involved

Proving assault by threat under s. 265(1)(b) should include:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit attempted or threatened to apply force to the victim
• The culprit meant the threat to be taken seriously
• The culprit had the ability to give effect to his purpose or the victim reasonably believed he had the ability to give effect to his purpose
• No intentional physical contact was made
• Compare physical build between the accused and victim
• That the complainant did not consent (see also s. 265(3) and (4))
• That the complainant did not assault, threaten or provoke the accused
• Whether an alcohol was involved

Proving assault, carrying weapon under s. 265(1)(c) should include:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit was “openly wearing or carrying a weapon or imitation thereof”
• The culprit accosted or impeded the victim or begged
• Compare physical build between the accused and victim
• That the complainant did not consent (see also s. 265(3) and (4))
• That the complainant did not assault, threaten or provoke the accused
• Whether an alcohol was involved

Possible defence:

• Self-defense is probably the most common defense used in assault and battery cases.
• Consent
• Intention

Removal of child from Canada

273.3(1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

• Under the age of 16 years, with the intention that an act be committed outside canada that if it were committed in canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;
• 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person;
• Under the age of 18 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272, 273 or 320.102 in respect of that person; or
• Under the age of 18 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.1 in respect of that person or under the age of 16 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.2 in respect of that person.

Elements to Prove Removal of child from Canada (under 14) under s. 273.3(1)(a)

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit did anything “for the purpose of removing a person from canada”
• The “person” is “ordinarily resident in Canada”;
• The “person” is under the age of 16 years;
• The intention of the action was to commit an offence under s. 151, 152, 160(3) or 173(2) with respect to the person;
• If the person is under 18 years, the intention of the action was to commit an offence under s. 155, 159, 160(2), 170, 171, 267, 268, 269, 271, 272 or 273 with respect to the person

Elements to prove Removal of child from Canada (14 to 17) under s. 273.3(1)(b)

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit did anything “for the purpose of removing a person from Canada
• The person is “ordinarily resident in canada”;
• The person is over the age of 16 years but under 18 years of age; and
• The intention of the action was to commit an offence under s. 153 with respect to the person.

Elements to prove Removal of child from Canada (14 to 17) under s. 273.3(1)(c)

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit did anything “for the purpose of removing a person from canada
• The person is “ordinarily resident in Canada”
• The person is under 18 years,
• The intention of the action was to commit an offence under s. 155, 159, 160(2), 170, 171, 267, 268, 269, 271, 272 or 273 with respect to the p

Elements to prove Removal of child from Canada (14 to 17) under s. 273.3(1)(d)

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit did anything “for the purpose of removing a person from Canada
• The person is “ordinarily resident in canada”
• Either
  • The person is under 16 years and the intention of the action was to commit an offence under s. 293.1 with respect to the person; or
  • The person is under 18 years and the intention of the action was to commit an offence under s. 293.2 with respect to the person; and
• The act was committed outside of canada.

Punishment

(2) Every person who contravenes this section is guilty of

• An indictable offence and is liable to imprisonment for a term not exceeding five years; or
• An offence punishable on summary conviction.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Abduction in contravention of custody or parenting order

282(1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of

• An indictable offence and is liable to imprisonment for a term not exceeding ten years; or
• An offence punishable on summary conviction.

Elements to Prove Parental Abduction Contrary to a Custody Order under s. 282:

• Identity of accused as culprit
• Date and time of incident
• Jurisdiction (incl. region and province)
• The culprit is a “parent, guardian or person having the lawful care or charge of” a young person;
• The accuse “takes, entices away, conceals, detains, receives or harbours” the young person;
• The act contravenes a custody provision of a custody order in relation to the young person;
• The custody order was made by a court anywhere in Canada;
• The act was done with “intent to deprive a parent or guardian, or any other person who has the lawful care or charge” of the young person, of possession of that young person; and
• The young person is under the age of 14.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Theft under $5000

334 Except where otherwise provided by law, everyone who commits theft

• (b)If the value of what is stolen is not more than $5,000, is guilty
  • Of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
  • Of an offence punishable on summary conviction.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Elements to prove theft under $5000

• Accused moved something, caused something to be moved, or began to move something that belonged to someone else;
• Accused moved the property with intent to steal it either temporarily or absolutely without the owner’s consent; and,
• The approximate value of the property accused tried to steal was less than $5000

General defences for theft

• Specific Intent. Every theft requires the defendant to have specific intent to commit the theft.
• Asportation. To constitute a completed theft, the property must be asported or carried away
• Claim of Right. If a person believes that he or she has a right to the property even if that belief is mistaken.
• Defendant Actually Owned Property.

Section 342 (1) of the criminal code states that:

Every person who

(a) steals a credit card,

(b) forges or falsifies a credit card,

(c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered

(i) by the commission in Canada of an offence, or

(ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or

(d) uses a credit card knowing that it has been revoked or cancelled,

is guilty of

(e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or

(f) an offence punishable on summary conviction.

Proving unauthorized use of a credit card under s. 342(1) should include:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit either:
   1.  steals a credit card,
   2.  forges or falsifies a credit card,
   3.  “possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered” by “commission in Canada of an offence” or “by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence” or
   4.  “uses a credit card knowing that it has been revoked or cancelled”

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Being unlawfully in dwelling-house

349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.

Elements to prove unlawfully in a dwelling under s. 349:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit “enters or is in” a premises;
5. the premises is a “dwelling house”;
6. the culprit has no “lawful excuse” for entering the premises or permission to enter;
7. the culprit did the prohibited act intending to commit an indictable offence (presumed under s. 349(2))

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence:  A finding of guilt requires that the accused not only break and enter a place, but that he/she does so in order to commit an indictable offence (ie. theft, robbery, etc) therein. Although the simple act of breaking into a place carries with it a presumption that, in the absence of evidence to the contrary, the accused had the requisite intent to commit an indictable offence therein, that presumption is rebuttable.

353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle

353.1 (4) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) is guilty of an offence punishable on summary conviction.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence:

• You defaced the VIN accidentally
• You removed the VIN for maintenance  purpose

355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

(a) the commission in Canada of an offence punishable by indictment; or

(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

(a) the commission in Canada of an offence punishable by indictment; or

(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

355.5 Everyone who commits an offence under section 355.2 or 355.4

(b) is, if the value of the subject matter of the offence is not more than $5,000,

(i) guilty of an indictable offence and liable to imprisonment for a term of not more than five years, or

(ii) guilty of an offence punishable on summary conviction.

Elements to prove trafficking in property obtained by crime under s. 355.2:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit traffics anything or proceeds of anything;
5. the culprit knew “that all or part” of the thing “was obtained by or derived directly or indirectly from”:
   1. “the commission in Canada of an offence punishable by indictment”; or
   2. “an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.”
6. The value of thing or proceed.

Elements to prove possession of property obtained by crime — trafficking under s. 355.4:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit possesses any thing or proceeds of a thing;
5. the culprit possessed it “for the purpose of trafficking”;
6. the culprit knew “that all or part” of the thing or proceeds “was obtained by or derived directly or indirectly from”
   1. “the commission in Canada of an offence punishable by indictment;” or
   2. “an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment”.
7. The value of thing or proceed.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

356 (1) Everyone commits an offence who(a) steals(i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,(ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or(iii) a key suited to a lock adopted for use by the Canada Post Corporation;(a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;(b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or(c) fraudulently redirects, or causes to be redirected, anything sent by post.

S 356 (3) Everyone who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) is guilty of an offence punishable on summary conviction.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence: One common and effective defence to a theft charge is to argue that you did not have the mental intention required to be found guilty of this offence. That is, while you may have taken the goods in question, it is also possible that you did not have the fraudulent intent required to be guilty of theft.

362 (1) Every one commits an offence who

(a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;

(b) obtains credit by a false pretence or by fraud;

(c) knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,

(i) the delivery of personal property,

(ii) the payment of money,

(iii) the making of a loan,

(iv) the grant or extension of credit,

(v) the discount of an account receivable, or

(vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or

(d) knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi)

Elements to prove obtain property by false pretenses under s. 362(a):

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit “obtains anything” or “causes it to be delivered to another person”;
5. the prohibited conduct was “by false pretenses” or “through the medium of a contract obtained by a false pretence”;
6. the subject-matter is something “in respect of which the offence of theft may be committed”;

Elements to prove obtain credit by false pretense under s. 362(b):

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit “obtains credit”; and
5. the prohibited conduct was “by false pretence” or “fraud”.

Elements to prove property obtained  by false statement under s. 362(c):

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit “makes or causes to be made, directly or indirectly, a false statement in writing”;
5. the prohibited conduct was “with the intent that it should be relied on”;
6. the false statement is “with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for”;
7. the prohibited conduct was ” for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization” any of the following:
   1. the delivery of personal property,
   2. the payment of money,
   3. the making of a loan,
   4. the grant or extension of credit,
   5. the discount of an account receivable, or
   6. the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note.

Elements to prove false pretenses or false statement under s. 362(d):

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit “procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization” a thing;
5. the thing is either:
   1. the delivery of personal property,
   2. the payment of money,
   3. the making of a loan,
   4. the grant or extension of credit,
   5. the discount of an account receivable, or
   6. the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; and
6. the culprit knew the “that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for”

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence: Honest belief in the allegation when it was made, even if the belief was not reasonable

366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

367 Everyone who commits forgery

(b) is guilty of an offence punishable on summary conviction.

Elements to prove forgery under s. 366, 367 should include:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit made or altered a document;
5. the document made or altered was a “false document”;
6. the culprit knew the document was false;
7. the prohibited act was “with intent” that either:
   1. “it should in any way be used or acted on as genuine, to the prejudice of any one”; or
   2. “a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything” and
8. the making was not in “good faith” at “the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government”.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence: The lack of an essential element to constitute the offense of forgery is considered a defense in a prosecution alleging the commission of forgery. The fact that the defendant had in good faith believed s/he had authority to make the instrument constitutes a good defense in a prosecution of forgery

368 (1) Everyone commits an offence who, knowing or believing that a document is forged,

(a) uses, deals with or acts on it as if it were genuine;

(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;

(c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or

(d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

Punishment

(1.1) Everyone who commits an offence under subsection (1) [use, trafficking or possession of forged document]

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) is guilty of an offence punishable on summary conviction.

Elements to prove using, trafficking or possessing forged documents under s. 368:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the document was of monetary value;
5. the document was a “forged” document;
6. the culprit knew the document of some monetary value was forged;
7. the culprit either:
   1. uses, deals with or acts on a document as if it were genuine
   2. causes or attempts to cause any person to use, deal with or act on a document as if it were genuine;
   3. transfers, sells or offers to sell a document or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph 368(a) or (b); or
   4. possesses the document with intent to commit an offence under s. 368(a) to (c).

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

380 (1) Everyone 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,(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or(b) is guilty(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or(ii) of an offence punishable on summary conviction,where the value of the subject-matter of the offence does not exceed five thousand dollars.Elements to prove fraud under s. 380:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. that the complainant owned something of value (property, money, valuable security, or a service)
5. that the culprit deprived the complainant of something of value or was put at risk of losing something of value
   1. Any representations made
   2. money or property of value paid to the accused
   3. reason money was paid to the culprit
6. the ownership, value and continuity of the property, money, or service, including whether it is over $5,000 (for 380(a)) or under $5,000 (for 380(b)) (consider accordance with s. 491.2 and s. 657.1).
7. either:
   1. the culprit had subjective knowledge of the prohibited act that caused deprivation;
   2. the culprit had subjective knowledge that the conduct would likely result in deprivation
8. that the deprivation must have been caused by any of the following acts:
   1. deceit,
   2. falsehood, or
   3. some other fraudulent means;

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

423 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;

(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

(c) persistently follows that person;

(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

(f) besets or watches the place where that person resides, works, carries on business or happens to be; or

(g) blocks or obstructs a highway.

Elements to prove intimidation under s. 423:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit does one of the following to a person:
   1. uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
   2. intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
   3. persistently follows that person;
   4. hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
   5. with one or more other persons, follows that person, in a disorderly manner, on a highway;
   6. besets or watches the place where that person resides, works, carries on business or happens to be; or
   7. blocks or obstructs a highway
5. the culprit did not have lawful authority to do it
6. it is for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence: Factual innocence

This is usually the strongest defence because the facts and the evidence do not support you being there, intimidating a justice system participant, or other basic elements of the offence.

430 (1) Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

(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.

(4) Every one who commits mischief in relation to property, other than property described in subsection (3) [mischief to testamentary instrument or property exceeding $5,000],

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

(5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,

(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.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Elements to prove mischief to property under s. 430(3), (4):

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit does any of the following:
   1. “destroys or damages” the property;
   2. “renders property dangerous, useless, inoperative or ineffective”;
   3. “obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property”; or
   4. “obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property”
5. Proof of ownership by someone other than accused
6. the damage was wilfully or recklessly
7. the manner in which the damage occurred
8. the state of the property before damage
9. the state of the property after damage
10. value of property damaged: (over $5,000 (s. 430(3)), equal or under $5,000 (s. 430(4)); and
11. the culprit had no “colour of right”.

437 Everyone who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Defence:

• Accused had no intention

Accused made an honest mistake

462.31 (1) 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, or being reckless as to whether, 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.

Punishment

(2) Everyone 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.

Punishment if charge is to be proceeded summarily:

• Fine of no more than $5000
• Imprisonment of no more than 2 years under section 787 Criminal Code

Elements to prove money laundering under s. 462.31:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit “uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with” the subject matter of the offence;
5. the subject matter is “any property or any proceeds of any property obtained or derived directly or indirectly as a result of”
   1. the commission in Canada of an enterprise crime offence or an offence; or
   2. an act or omission anywhere that, it had occurred in Canada, would have constituted an enterprise crime offence or an offence
6. the offence is a “designated offence”;
7. the culprit had an intent to conceal or convert the property or proceeds; and
8. the culprit knows or believes “that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of” the “commission in Canada of a designated offence” or “act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence”.

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

Proving dangerous operation of a motor vehicle under s. 320.13(1) should include:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the culprit operated a motor vehicle
5. the manner the accused operated the vehicle was dangerous to the public in the circumstances
   1. driving over the road lines / driving over curbs
   2. failure to obey road-signs, including stop signs, stop lights and speed limits
   3. driving in close proximity with other vehicles (i.e. “tailgating”)
   4. collision with other car(s), bikers, pedestrians / collision with inanimate objects
   5. swerving while driving
6. the culprit knew or ought to have known that the manner of driving was dangerous

320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.

Proving Failure to Stop or Remain at Scene of Accident under s. 320.16(1) should include:

1. identity of accused as culprit
2. date and time of incident
3. jurisdiction (incl. region and province)
4. the accused must be the operator of one of the vehicles
5. the make and model of the vehicle driven by accused
6. there must be an accident with a person, vehicle, or cattle
7. the condition of the objects before and after a collision
8. the culprit must be aware of the accident
9. the accused did not stop, give his name/address or offer assistance to any injured persons
10. the accused must flee for the purpose of escaping criminal or civil liability in relation to the accident