Jan 07
Human Trafficking
Human Trafficking
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.
Jan 07
Highway Traffic Act Offences
Highway Traffic Act Offences
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.
Jan 07
Fraud and Theft
Fraud and Theft
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.
Jan 07
Firearms Offences
Firearms Offences
Firearms offences are serious. If convicted, you can be sentenced to a lengthy period of jail. In general, restricted or prohibited firearms include the following types of guns: handguns, handguns with a barrel length of less than 105mm in length, shotguns, automatic weapons and semi-automatic weapons.
The right to possess a firearm is granted through the government’s firearms licensing scheme, which has different license and authorization classes based on types of firearms covered and other firearms-related activities.
The Criminal Code contains many different types of firearms offences including offences related to the possession of firearms, the sale of firearms, carrying a concealed firearm and the illegal use of firearms. Often, firearms and weapons charges do not stand alone. They are usually related to other criminal charges such as robbery with a firearm.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of weapons and firearms related allegations. If you or someone you know has been charged with a weapons or firearms 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.
Common Questions Regarding Firearm Charges
I only had one Firearm, why am I Facing so Many Charges?
The Criminal Code of Canada has several firearm related offences which can be grouped into possession offences, use offences, and selling related offences. Therefore, an individual will be charged with several firearm related offences even though there may only be one firearm seized by the police. Each offence has different requirements that the Crown must prove before you can be found guilty of the offence. Below are some of the firearm offences in the Criminal Code.
Careless Use of Firearm
Section 86(1) of the Criminal Code criminalizes anyone who uses, carries, handles, ships, transports or stores a prohibited firearm in a careless manner without reasonable precautions for the safety of other persons. This charge is often laid on people who are arrested while carrying a firearm in public, or who are found to have an illegal firearm in their home, car, or some other location.
Unauthorized Possession of a Firearm
Section 91(1) and (2) of the Criminal Code make it an offence to possess any type of firearm without a licence and/or a registration certificate.
Possession of a Prohibited or Restricted Firearm
Section 95(1) of the Criminal Code makes it an offence to possess a loaded prohibited or restricted firearm, or an unloaded firearm with “readily accessible” ammunition. This is a more serious offence than simple possession because it is essentially penalizing the illegal possession of a loaded gun.
Possession of a Firearm with a Serial Number Defaced
Section 108(1) of the Criminal Code makes it an offence to have possession of a firearm where the serial number on the firearm has been altered, defaced or removed.
Point a Firearm
Section 87(1) of the Criminal Code makes it an offence to point a firearm at another person. The offence is punishable by up to five years in jail.
Discharging a Firearm with Intent
Section 244(1) of the Criminal Code makes it an offence to discharge a firearm at another person with the intent to wound, maim, disfigure or endanger their life, or to prevent the arrest or detention of any person. This is a serious offence that carries a minimum punishment of five years in prison for a first offence, with a maximum term of 14 years in jail.
Use a Firearm in the Commission of an Offence
Section 85(2) of the Criminal Code makes it a crime to use a firearm while committing another offence. The offence captures those who use a firearm while committing other crimes, like robbery. There are provisions that deal with firearms and imitation firearms. The offence carries a mandatory minimum punishment of one year in jail.
How do I Beat my Firearm Charges?
There are several potential defences to firearm charges, such as:
• Charter: if the police breach your Charter rights, you can bring an application to exclude the firearm.
• Knowledge: the Crown must prove knowledge and control of the firearm. For example, if a firearm is located inside a motor vehicle, everybody in the vehicle will be charged, but they may defend their charges on the basis that they did not know a firearm was present in the vehicle.
• Is the firearm operational: the Crown must prove that the firearm was operation or can easily be made operational. Sometimes, a firearm is broken or missing parts and therefore the Crown cannot prove an essential element of the offence.
What is the Sentence for Firearm Offences in Canada?
There is a wide range of possible sentences for firearm offences. Every case depends on its facts. A jail sentence, especially one in the penitentiary, is a typical sentence if you are convicted of a firearm offence.
Should I Retain a Defence Lawyer for my Firearms Charges?
The criminal defence lawyers at LZZ have extensive experience successfully defending firearms charges. If you or someone you know has been charged with firearms related offences 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.
Jan 07
Drug Offences
Drug Offences
Any drug related charge can have serious consequences if convicted. If you’ve been charged with a drug crime or narcotics offence in Toronto, the GTA or anywhere in Ontario you may need to hire a criminal defence law firm experienced in handling drug related cases. The sooner you hire the right firm, the odds of winning your case increase.
Narcotics Related Offences
There are four main narcotics related offences under the Controlled Drugs and Substances Act (CDSA):
- Possession
- Possession for the purpose of trafficking
- Trafficking
- Importing
A possession charge means you were found with drugs in an amount for personal use. If you have been charged with possession for the purpose of trafficking, that means that you were in possession of an unlawful substance for the purpose of selling or giving the substance to someone else. This usually means you were in possession of a large amount of an illegal substance — not for personal use but with an intention to sell the drugs. Trafficking in illegal drugs means selling or giving them to other individuals, including undercover police officers. Importation of drugs occurs when you have entered Canada with an illegal substance. This can include drugs that are not in your direct possession, but drugs that have been sent to you.
Changing Cannabis Laws
Cannabis (marijuana) is now legal in Canada, but there are circumstances under which you can face charges including crossing a border with cannabis in your possession, trafficking and driving while high. It is also illegal to sell cannabis without a license — even to a friend or neighbour. Similar to alcohol, legislation exists at both the federal and provincial levels in some instances pertaining to cannabis laws.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of drug related allegations, from possession crimes such as marijuana charges, through trafficking cases involving large scale drug shipments across borders. If you or someone you know has been charged with a drug related charge 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.