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#criminal-law
Asked: 24 days ago

How can I stop someone from sharing misleading information regarding another person's actions?

My son was sitting in the park texting on the phone and the lady said he was taking pictures of the kids. His car was behind the park and he jumped fence not hearing the lady. As a result, she posted on Facebook about a… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


In this circumstance, it may be necessary to serve a cease and desist letter against the individual posting the defamatory images. If you require legal assistance in preparing a cease and desist, you may wish to contact your local law society referral service or legal aid clinic.


Answered: 24 days ago
#criminal-law
Asked: 24 days ago

What system is used by Police officers to share records regarding dangerous children?

I was just wondering if police services can put information about a child under twelve committing violent crimes in the CPIC database if they are considered a danger to the public. If not, how do police services warn oth… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


The CPIC database is used for reporting lost or stolen vehicles and property. It is not a list of criminal offenders. For more specific information regarding police procedure, you may benefit from contacting your local police department. 


Answered: 24 days ago
#criminal-law
Asked: 24 days ago

How are criminal sentences calculated and imposed by the court in Canada?

My boyfriend is being charged with 2 assaults on peace officers and mischief under 5000 and I am wondering what his combined sentence might be?


Samuel Michaels

Founder & Lawyer, SM Legal


The exact length and nature of a sentence is determined based on a number of factors further described here:


http://www.justice.gc.ca/eng/cj-jp/victims-victimes/sentencing-peine/


Answered: 24 days ago
#criminal-law
Asked: 24 days ago

Am I legally obligated to cooperate with the police?

A friend drove an acquaintance of hers to a shop and unbeknownst to her that person shoplifted a bunch of items. A security camera picked up her car and police came to her home to ask her to tell them who the person was… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


In general, an individual will only be compelled to speak if they are acting as a witness during a legal proceeding. However, on a practical level, it is likely better to cooperate with police rather than facing the risk that they will deem your friend an accomplice to the crime.


Answered: 24 days ago
#criminal-law
Asked: 24 days ago

Should I report to the police about a person contacting me, while under a no-contact order?

My ex was charged with assault against me, and was released on condition of him signing a no-contact order. He has past assault charges. He breached the no-contact order, and texted me from his phone and called me from a… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


In these circumstances you should likely contact the police to update them regarding the current situation. If you require further legal assistance you may wish to contact your local law society referral service or legal aid clinic. 


Answered: 24 days ago
#criminal-law
Asked: a month ago

If somebody deposited funds in my bank account without my permission, am I legally obligated to return it?

After meeting a person on a dating app, they put some money into my bank account without my permission. Now this person is threatening legal action, if I don't return the money


Samuel Michaels

Founder & Lawyer, SM Legal


If you have received funds to which you are not entitled, and which were not given to you as a gift, you likely have a legal obligation to return the funds.


Answered: a month ago
#criminal-law
Asked: a month ago

What are the repercussions of possessing child pornography?

What are the repercussions to a child who have been caught possessing online child porn twice at the age of 16 and 18 years? The child was registered as a sex offender the first time, as a warning (which does not show up… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


Viewing, creating, or distributing child pornography is a criminal act. If you suspect an individual of engaging in this behaviour, please immediately call the police and report them.


If you have engaged in this behaviour yourself, you may benefit from contacting a lawyer or police yourself to determine your legal options.


Answered: a month ago
#criminal-law
Asked: 2 months ago

An acquaintance violated my privacy by spying on me. Is this activity deemed illegal in Quebec?

I found out recently that an acquaintance of mine had installed a hidden spy app on my phone and so listened to my calls, tracked my location, read WhatsApp messages and browser history, and also turned on my phone micro… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


In Quebec, individuals may make a legal claim in civil court against another individual for invasion of privacy. The right to privacy is protected by Quebec Civil Code. 


Answered: 2 months ago
#criminal-law
Asked: 2 months ago

Can a threatening text message be recognized as such, by the law?

If someone texts me "If I see you around, I will have you taken care of", will it be considered a threat?


Samuel Michaels

Founder & Lawyer, SM Legal


Whether any message constitutes a threat is probably a matter of circumstance and situation. Depending on the context, it is possible that statement could be seen as a threat. 


If you feel you are being threatened, please call the police immediately.


Answered: 2 months ago
#criminal-law
Asked: 2 months ago

Can comments made on Facebook result in criminal liability?

I’ve been depressed, angry, and dealing with grief in the past few months. The anger I had against my husband I displaced on his daughter. I posted some Facebook comments about her using a fake identity. Remorse set in a… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


Any individual can submit a complaint to police at any time, regardless what promises may have been made between parties. This, however, does not mean that police will automatically press charges or proceed with a criminal matter, although they might investigate the matter further.


If you are concerned about potential criminal liability, you may benefit from contacting your local Legal Aid clinic, or a Law Society referral service to speak with a lawyer in more detail about your matter.


Answered: 2 months ago
#criminal-law#british-columbia
Asked: 2 months ago

How can I get access to police records, related to suicide?

My cousin just passed away and her death has been deemed a suicide, however I don't believe she would do it to herself, as she has two young children. I know that her life with a boyfriend was very abusive both physicall… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


I'm sorry for your loss.


In order to gain access to personal records, you must complete a Freedom of Information request in the province in which the information is kept.


https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information/submit-a-personal-foi-request


You may also wish to contact your local Legal Aid clinic, or a Law Society referral service for additional help in this matter.


  • Law Society referral service in British Columbia: https://www.lawsociety.bc.ca/working-with-lawyers/finding-a-lawyer/
  • Legal Aid Program in British Columbia: https://lss.bc.ca/


Answered: 2 months ago
#criminal-law
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


Yes. Mail theft is a crime under Canadian law. As with any criminal situation, individuals who believe they are the victim of a crime should contact the police. Individuals are able to initiate the process to determine whether criminal charges should be laid, though the final decision on whether to charge someone rests with the government authority, typically a Justice of the Peace. A possibly relevant section of the Criminal Code is s.356. Theft from mail 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. Hope you find this information helpful.


Answered: 2 months ago
#criminal-law
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


Your options in this situation are directly negotiating a resolution or launching a small claims court claim. At small claims court, you may be able to recover a portion of your legal costs in addition to the $140.


Answered: 2 months ago
#criminal-law#ontario
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


Details of how the ticket will affect your license will be included on the ticket itself or with the court documents you receive following the ticket. To determine the effect on your insurance, you will need to speak with your insurance provider.


Answered: 2 months ago