Questions & Answers

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- A short, direct question is more likely to elicit a useful answer than a long, rambling one.

- Do not include unnecessary personal details in the question.

I got a DUI ticket from a police officer from different town who gave me a ticket in my town, he was on duty. Is it valid?

The Police Acts give municipal police forces legal jurisdiction in their entire Province. Likewise for provincial police, like the OPP. Unfortunately your ticket is not invalid unless, perhaps, if the officer crossed a Provincial Boundary to arrest you.

What are the Canadian laws on synthesizing chemical that are unscheduled?

Synthesizing an unscheduled chemical would likely be legal as long as your recipe did not involve reagents or intermediate products that are scheduled. Selling the resulting chemical for human consumption would likely be a violation of the Food and Drugs Act, which is a criminal statute.

I used a gmail account using my friend's name and pretended to be her, and asked the photographer for copies of old shoots that he did with her. He checked with her, found out I wasn't her and let her know. She has contacted the RCMP.

Section 403(1) of the Criminal Code states:
Everyone commits an offence who fraudulently personates another person, living or dead,
(a) with intent to gain advantage for themselves or another person;
(b) with intent to obtain any property or an interest in any property;
(c) with intent to cause disadvantage to the person being personated or another person; or
(d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

In your situation (b) may apply since the photographs are property and you arguably 'intended to obtain' them. (c) might also apply depending on your intentions. If the police come you should exercise your right to silence .

I am an international student,caught shoplifting around $100 and have a court date in 3 months. what are the possible outcomes and way outs that i can take now. will it effect my status in canada?

Possible Outcomes:
1) You apply to the 'Diversion' program, the crown lawyer accepts your application. Once you complete the program requirements you have no conviction or criminal record.
2) At your Court Date you plead not guilty. Later, you are acquitted at trial about a year later and walk away free with no record.
3 & 4) You plead guilty or are found guilty at trial. You would not face prison time. Assuming this conviction is your first you would probably not be removed from Canada but Canadian Immigration could learn of this conviction.

If you apply for permanent residency in the future you will be asked about previous convictions, if you lie about this and immigration discovers the lie your application for permanent residency would be at risk.

My fiance was charged with spousal assault and I have been trying for a week now to recant my statement. What can I do ?

I get this type of question often. Your basic options in dealing with the crown are:
1) Tell the crown you lied in your statement to the police because you were angry/vengeful/impulsive/etc. This is risky: depending what you said to police you could be charged with public mischief for making a false accusation.

2) Tell the crown you want the charges against your spouse stayed because the charges against your spouse harm you. Be specific about why the charge, or your role as crown witness, is bad for you or your children: financially/emotionally/stress/lost wages/etc. The crown is free to ignore your request.

3) Assuming your spouse is headed to trial, you could try to evade service of summons compelling you to testify at trial. Do not try to evade service by giving a false name or lying. You can legaly refuse to meet with the crown before the trial. These actions will communicate to the crown that you are a reluctant witness who might say anything on the stand. The crown may be more inclined to agree to a peace bond or a stay of process so you do not have to testify at trial.

It is illegal post to cragslist or backpage adds offering sex if the post contains no request for money?

There is criminal law that prohibits the "knowingly advertising an offer to provide sexual services for consideration". It is illegal post an offer to exchange anything of value (not just money) in return for sex.