What You Have to Know About Public Mischief in Canada

It isn’t uncommon to hear about people who make false accusations, file false cases, or lie to the police during investigations. People do this as a defence mechanism, as a way to divert attention, protect someone they care about, or even because they think they’re doing the right thing. However, just because a lot of people does something does not make it right. Public mischief is still public mischief, and guilty parties can face huge fines and jail time.

Like any criminal charge, a charge of public mischief should be dealt with swiftly and strategically. You need an experienced criminal defence attorney on your side to handle your. Know that your best defence starts with prompt action and faithfully cooperating with your defence lawyer.

Definition of Public Mischief in Canada

The Criminal Code of Canada says in Section 140 that public mischief is an act to mislead or deceive a peace officer. It can be any of the following:

• Committing any action to cause another person to be suspected of committing an offence, including diverting suspicion from one’s self. 
• Making false statements to accuse someone of committing an offence.
• Making a false report of an offence that was not committed such as claiming someone committed domestic violence or sexual assault. 
• Reporting a false death or claiming someone who is dead is alive.
• Staging a crime scene including faking a death or kidnapping.

Note that a charge of public mischief is often made with other charges depending on which of the above acts the accused committed

Punishment for a Public Mischief Charge

There are many reasons why people give false or inaccurate information. Some may believe that what they are doing is the right thing or that they could have been fed wrong information. It could be a difference in perception or can be a way to get back to another person as a form of revenge. No matter the reason, a charge of public mischief can have very serious consequences as well as huge fines.

Charged with public mischief? You need to act fast! Talk to Calvin Barry as soon as possible to discuss your options and build your defence for your public mischief charge. Contact Calvin Barry Law today!

An Overview of the Degrees of Murder

Murder is murder no matter how you look at it, but the differences in the degrees of murder can mean a huge difference in the punishment for someone convicted of a specific crime. Murder is a crime under the Criminal Code of Canada and have to be defended by a criminal defence attorney. Below are the degrees of murder.  

Homicide

Homicide can be either be non-culpable or culpable. Non-culpable homicide is not an offence and is the case for self-defence by both civilians and uniformed personnel. Culpable homicide is considered an offence and further sub-classified into infanticide, manslaughter, and murder. It is when someone is responsible for causing death to another by fear, harm, negligence, or violence.

Murder

A homicide is a murder when a person willfully causes the death of another individual or causes bodily harm that will result to death.

First-Degree Murder

Generally, it a First-Degree Murder when the bodily harm or event was deliberate or planned. If the murder occurs in the commission of assault with a weapon, sexual assault, kidnapping, hostage taking, hijacking, or committing terrorist activity, then it is considered as First-Degree Murder too.

Second-Degree Murder

Cases that are not First-Degree Murder but was done with intent to harm another knowing it may result to death is called Second-Degree Murder.

Murder Reduced to Manslaughter

Murder that was committed in the heat of the moment or due to an emotional outburst (such as in the case of sudden provocation) is classified under manslaughter. Provocation is defined herein as a sudden action conducted by the victim to incite the accused to commit an indictable offence. The ‘sudden provocation’ is a huge factor in reducing a murder to manslaughter.

Infanticide

A female who is not fully recovered from childbirth and caused the death of the child is charged with infanticide.

Manslaughter

A culpable homicide that is not murder nor murder is classified as a manslaughter and has a wide range of sentencing/punishment. A murder may be reduced to manslaughter if the defence attorney is seasoned enough to identify technicalities that can support this.

No matter what the degree, murder is a serious offence that is punishable by up to a lifetime in prison. If you or someone you know has been charged with murder, the best thing to do is contact a criminal defence attorney as soon as possible. Calvin Barry can help. Contact Calvin Barry Law today!

Canadians could now be charged with drunk driving —Calvin Barry Warns in CBC News Article

With tough new impaired driving laws passed by parliament recently, criminal defense lawyers are accusing the legislation of being unconstitutional, with Calvin Barry calling it a breach of the charter.

Among the legislations supporters is Andy Murie of Mothers Against Drunk Driving (MADD), who insists the police still need probable cause to demand a sobriety test.  “Only if [police] suspect that you’ve committed an offence of drunk driving and they are following the investigation, and that investigation took them to your house or your bar”, he said.

Although Calvin is a strong supporter of MADD Canada, he said this time they have it wrong.

“Police do not require reasonable suspicion any longer,” Barry told CBC News.

Barry also warns Canadians they can be arrested and charged within the new two-hour time frame if their BAC has risen over the limit — even if they had been sober when they parked their car and planned to take a cab or transit home later.

“That is just a flagrant contravention of one’s civil liberties and a breach of the charter,” Barry said.

Read the full CBC article here.