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Murder is the most serious criminal charge in Canada. Murder is defined as the intentional and unjustified killing of another human being. There are two different types of murder charges: first degree and second degree.

First Degree Murder
This is usually a deliberate and premeditated act. A conviction for first degree murder carries a mandatory life sentence without the possibility of parole for 25 years.

Second Degree Murder
This involves an intentional killing that was not pre-planned. A conviction for second-degree murder carries a life sentence without the possibility of parole for 10 years. However, the sentencing judge has discretion to increase the parole ineligibility to up to 25 years.

Manslaughter
Manslaughter is killing someone as a result of a criminal act, where there was no specific intention to cause death. It is considered a lesser, but included offence of first or second-degree murder. Within this, manslaughter charges can fall under one of two categories: criminal negligence or an unlawful act. Manslaughter has no minimum sentence but has a maximum sentence of life in jail.

An example of a criminal negligence charge would be when a reckless act or failure to act resulted in the death of another person.

An example of an unlawful act would be when the crime committed results in the unintentional death of another person.

The criminal defence lawyers at LZZ have extensive experience successfully defending against murder allegations. If you or someone you know has been charged with murder or manslaughter you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Mischief is the unlawful interference with the property of another person. The severity of a mischief charge depends on the nature of the allegations and the context in which the allegations occurred. The definition of mischief includes such a wide range of illegal activities that it is nearly impossible to list them all. A few examples of mischief could be damage to a neighbour’s property or acts of vandalism or graffiti.

The punishments associated with a criminal mischief conviction can vary and range from a fine to 10 years in jail, depending on whether the Crown elects to proceed summarily or by indictment.

The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of mischief related allegations. If you or someone you know has been charged with mischief you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Human trafficking charges can involve allegations of recruiting, transporting, receiving, holding, concealing, transferring, or harbouring another person. Charges may also be laid on any person who exercise control, direction or influence over the movements of another person for the purpose of exploiting then for a sexual or forced labour reason, or facilitates their exploitation for said reasons.

Human trafficking is a crime that can carry serious consequences. You may also be charged with related offences under the Criminal Code, such as assault and sexual exploitation or prostitution-related crimes—this depends on what happened during your arrest or charging process. The sentence will depend upon these circumstances but if convicted you will face a minimum of 4 years in jail.

The criminal defence lawyers at LZZ have extensive experience successfully defending against complex human trafficking allegations. If you or someone you know has been charged with human trafficking you should contact a criminal lawyer immediately to help determine the best defence.  Call us at 416 613 0416 or (416) 595-9500 or contact us online for a free consultation.

Common Questions Regarding Human Trafficking

What is Human Trafficking?

Human trafficking allegations can involve a wide range of criminal charges under the Criminal Code:

• Trafficking in persons;
• Trafficking of a person under age of 18 (i.e.-minors);
• Receiving a financial or other material benefit for the purpose of committing or facilitating trafficking in persons (this includes pimping);
• Withholding or destroying a person’s identity documents for the purpose of committing or facilitating trafficking of that person (adult victim or child victim) (e.g.- taking someone’s driver’s license, passport, or other ID in order to keep them dependent on you)

These offences are intended to broadly capture many individuals who may be involved in trafficking of persons. For instance, charges can be brought against the drivers who were responsible for driving the men, women, or children to and from their scheduled appointments or work.

Who can be Charged with Human Trafficking?

In the criminal courts, individuals involved in prostitution are typically the ones charged with human trafficking. This is because the ‘pimp’/prostitution relationship is more common than other forms of human trafficking. However, no industry is exempt from using workers against their will. Industries alleged to benefit from forced labor include:

• Agriculture
• Caregiving
• Childcare
• Construction
• Domestic work
• Drug Smuggling and distribution
• Fairs and carnivals
• Hospitality (restaurants, hotels)
• Janitorial services
• Massage parlors
• Prostitution
• Salon services
• Traveling sales

What is the Penalty for Human Trafficking?

The offence of Trafficking in Persons Over 18 years of age carries a mandatory minimum sentence of four years imprisonment. The offence of Trafficking in Persons Under 18 years of age carries a mandatory minimum sentence of five years imprisonment.

I am Charged with Human Trafficking but why am I Facing so Many Charges?

If your charges are human trafficking in the context of prostitution, you will likely be facing several other charges which are known as the ‘prostitution charges.’ These charges include material benefits, procuring, and advertising sexual services. Depending on the allegations, you could also be facing other charges such as kidnapping, forcible confinement, assault, uttering threats, etc.

What is Material Benefits?

Section 279.02(1) of the Criminal Code defines material benefits as “everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1).”

This is an indictable offence and has a maximum penalty of 10 years imprisonment.

What is Procuring?

Section 286.3(1) of the Criminal Code defines procuring as “everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person.”

This is an indictable offence and has a maximum penalty of 14 years imprisonment.

What is Advertising Sexual Services?

Section 286.4 of the Criminal Code defines this offence as “everyone who knowingly advertises an offer to provide sexual services.” Although this is broadly defined, section 286.5(2) provides immunity to individuals advertising their own sexual services, so the Criminal Code only prosecutes people posting advertisements for others.

This is a hybrid offence so the Crown can elect summarily or by indictment.

Are the Prostitution Provisions Constitutional?

Currently, the Ontario Court of Appeal has found material benefits, procuring, and advertising sexual services to be Constitutional. The Supreme Court of Canada has yet to rule on the new provisions since the Court found the earlier provisions in R. v. Bedford to be unconstitutional.

In the Ontario Court of Justice in Kitchener, James Lockyer was successful in R. v. Anwar. The Court found the ‘prostitution’ provisions unconstitutional. Mr. Lockyer has a Constitutional challenge in the Ontario Superior Court of Justice in Toronto where he, along with several other lawyers, represent women who have challenged the provisions as infringing their rights as sex workers.

I Have Been Charged with Human Trafficking, What Should I do?

You should call Lockyer Zaduk Zeeh to speak with an experienced criminal defence lawyer about your case. Our lawyers represent people charged with human trafficking charges in Hamilton, Brantford, Kitchener, Woodstock, and London.

It’s not uncommon to receive a traffic ticket. However, before paying a ticket, you should be aware of the consequences of doing so. Paying for the ticket is an instant admission of guilt. In addition to the financial cost, there may also be other consequences to paying a ticket such as an increase in driving insurance premiums, substantial fines and driving prohibitions. Driving while your license is under suspension can also result in jail time.

Any speeding offence over 15km per hour will result in demerit points on your record. A common misconception is that you can ‘lose’ demerit points. That is not true. Drivers start with zero demerit points and gain points for being convicted of certain traffic offences. Demerit points stay on your record for two years from the date of the offence. If you accumulate too many demerit points your driver’s license may be suspended.

Other common offences that you could be charged with under the Highway Traffic Act are:

• Carless driving
• Speeding
• Failing to remain
• Stunt driving
• Driving while license suspended
• Driving while holding or using a handheld device (cellphone)

The criminal defence lawyers at LZZ have extensive experience successfully defending against Highway Traffic Act allegations. If you or someone you know has been charged with a driving related offence you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Fraud
Fraud is the action of deceiving someone in order to unlawfully gain something. You can either be charged with fraud under $5,000.00 or fraud over $5,000.00. A conviction of fraud usually results in restitution, fines and jail time. If the amount is over $5,000.00 you could be facing up to 14 years in jail. If you are convicted of fraud under $5,000.00, then you could be sentenced to a maximum of 2 years in jail.

Fraud charges are taken very seriously. The most common types of fraud offences involve online banking and commerce schemes as well as identity and credit card fraud. Fraud charges are usually quite complicated, especially when they involve financial transactions.

Theft
Theft is a property offence; it is the action of taking something that does not belong to you without consent. Shoplifting is one of the most popular types of theft. Those charged with theft often have no prior involvement with the criminal justice system. There are many effects of a theft charge that people do not often think about. For example, you may be banned from certain premises if you have been charged with stealing something from there.

There are two categories of theft: theft under $5,000.00 and theft over $5,000.00. A conviction for theft under $5,000.00 is less serious than a conviction for theft over and carries a maximum sentence of up to two years in jail. If convicted of theft over $5,000.00. you could be facing up to 10 years in jail.

Possession of Stolen Property
It’s a criminal offence to possess property that was stolen or otherwise obtained by crime. Stolen property  does not just include actual stolen items, but also indirect benefits gained from the stolen items.

In order to be convicted of possession of stolen property, the Crown must prove that you were in possession of property; that the property you possessed was obtained through crime; that you knew that you were in possession of the property, and that you knew the property was obtained by crime.

The punishment you could face if you are convicted of possession of stolen property will depend on several factors including whether you have been convicted of possession of stolen property over $5,000.00 or possession of stolen property under $5,000.00. If you are convicted of possession of stolen property over $5,000.00 you will be found guilty of an indictable offence and be facing a maximum penalty of up to 10 years in jail. If you are found guilty of possession of stolen property under $5,000.00, you will face a maximum sentence of either 2 years or 6 months in jail depending on whether the crown is proceeding by indictment or by summary election.

The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of fraud and theft related allegations. If you or someone you know has been charged with fraud or theft you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Fraud/Theft Blogs

FAQ about Fraud