Have you been accused of committing a weapons offence? What are the possible consequences of a conviction under Canada law?

The possession of an offensive weapon is an extremely serious offence which normally carries a term of imprisonment.

The maximum sentence which can be handed down in the magistrates’ court is 6 months imprisonment and/or a fine (for a single offence).

At the crown court, the maximum sentence is four years imprisonment and/or a fine.

There are a number of different types of weapon offences under English law. The primary weapon offences can be summarised as:

1. Possession of offensive weapon/s
2. Possession of a knife/bladed article
3. Possession of a firearm (both real and imitation)

Possessing an offensive weapon in a public place is an offence contrary to section 1 of the Prevention of Crime Act 1953.

WHAT IS CLASSIFIED AS AN OFFENSIVE WEAPON IN CANADA LAW?

The law recognises three categories of offensive weapon:

1. Those where objects are made for use for causing injury to the person. These items are legally classified as ‘offensive weapons per se’ and include flick knives, kitchen knives, butterfly knives, pepper sprays, knuckle dusters and nunchucks
2. Those where objects are adapted for such a purpose, i.e. to cause injury to a person. This includes items that would otherwise be incapable of causing injury but have been changed so that they now can, for example a sock containing a snooker ball, a sharpened stick or a sharpened snooker cue, or a water pistol filled with acid
3. Those where objects are not so made or adapted but carried with the intention of causing injury to the person, for example a cup of bleach carried with the intent of throwing it into someone’s face to cause injury, sharpened nail scissors or a baseball bat

In the first two categories of offensive weapon, the prosecution does not have to prove that the accused had the weapon with him/her for the purpose of inflicting injury. If the court is certain that the weapon is offensive, an individual will only be acquitted if he or she establishes the defences of lawful authority or reasonable excuse.

Under the third category, the prosecution must prove the accused had the object with him or her with the requisite intention to cause injury.

On occasion, individuals have been accused of possessing an offensive weapon due to the fact that they have had articles which could be offensive weapons in law on their person, which they have had for perfectly innocent reasons. For example, articles that have been used in connection with work or home DIY such as utility knives or hammers can be mistaken as offensive weapons by overzealous police officers.

WHEN IS THE POSSESSION OF AN OFFENSIVE WEAPON PERMITTED BY CANADA LAW?

In terms of potential defences in law, the defence of lawful authority is a reference to those people who from time to time carry an offensive weapon as a matter of duty, such as a soldier with a rifle or a police officer with a truncheon. Whilst they are carrying an offensive weapon, they are doing so under lawful authority.

Under certain circumstances, individuals in positions of authority and protection such as security guards or door staff may be permitted to carry offensive weapons, but this will very much depend on the surrounding facts of the alleged offence.

The question of the defence of reasonable excuse is a complex mixture of law and fact and often a lawyer will be required to explain where a certain set of facts will lie.

Examples of reasonable excuse may be:

1. Finding an offensive weapon and being discovered carrying it on the way to hand it in to the police station
2. Possession of a weapon having disarmed another
3. The legitimate transportation of an offensive weapon, such as when moving house or taking it home having purchased it in a shop

Again, it is impossible to give a comprehensive list of what can and cannot constitute a reasonable excuse, as this will vary on a case by case basis.

Where an individual carries a weapon for their own protection and can show on a balance of probabilities that they fear an ‘imminent attack’, this is capable of constituting a reasonable excuse. With the words ‘imminent attack’ not being defined in law, it is for the court to determine how imminent, how soon, how likely and how serious the anticipated attack has to be to allow a reasonable excuse.

Drugs are chemicals that affect the body and brain. Different drugs can have different effects. Some effects of drugs include health consequences that are long-lasting and permanent. They can even continue after a person has stopped taking the substance.

There are a few ways a person can take drugs, including injection, inhalation and ingestion. The effects of the drug on the body can depend on how the drug is delivered. For example, the injection of drugs directly into the bloodstream has an immediate impact, while ingestion has a delayed effect. But all misused drugs affect the brain. They cause large amounts of dopamine, a neurotransmitter that helps regulate our emotions, motivation and feelings of pleasure, to flood the brain and produce a “high.” Eventually, drugs can change how the brain works and interfere with a person’s ability to make choices, leading to intense cravings and compulsive drug use. Over time, this behavior can turn into a substance dependency, or drug addiction.

Today, more than 7 million people suffer from an illicit drug disorder, and one in four deaths results from illicit drug use. In fact, more deaths, illnesses and disabilities are associated with drug abuse than any other preventable health condition. People suffering from drug and alcohol addiction also have a higher risk of unintentional injuries, accidents and domestic violence incidents.

What is drug abuse?

Clinically known as substance use disorder, drug abuse or addiction is caused by the habitual taking of addictive substances. Drugs include alcohol, marijuana, hallucinogens and opioids. Substance use disorder is a disease, causing people to compulsively use drugs despite consequences.

THE EFFECTS OF DRUG ABUSE ON HEALTH

Substance use disorders are associated with a wide range of short- and long-term health effects. They can vary depending on the type of drug, how much and how often it’s taken and the person’s general health. Overall, the effects of drug abuse and dependence can be far-reaching. They can impact almost every organ in the human body.

Side effects of drug addiction may include:

• A weakened immune system, increasing the risk of illness and infection
• Heart conditions ranging from abnormal heart rates to heart attacks and collapsed veins and blood vessel infections from injected drugs
• Nausea and abdominal pain, which can also lead to changes in appetite and weight loss
• Increased strain on the liver, which puts the person at risk of significant liver damage or liver failure
• Seizures, stroke, mental confusion and brain damage
• Lung disease
• Problems with memory, attention and decision-making, which make daily living more difficult
• Global effects of drugs on the body, such as breast development in men and increases in body temperature, which can lead to other health problems

Juvenile delinquency

Juvenile delinquency, also known as juvenile offending, or youth crime, is participation in illegal behavior by minors . Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers, and courts. A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if they were an adult. Depending on the type and severity of the offense committed, it is possible for persons under 18 to be charged and tried as adults. In recent years a higher proportion of youth have experienced arrests by their early 20s than in the past, although some scholars have concluded this may reflect more aggressive criminal justice and zero-tolerance policies rather than changes in youth behavior. Between 60–80% percent of adolescents, and pre-adolescents engage in some form of juvenile offense. These can range from status offenses, to property crimes and violent crimes.

Youth Court

If a young person’s case is not resolved through extrajudicial measures, it will be dealt with in youth court. When a young person is charged with an offence, he or she may remain in the community or, if the court deems it necessary, be kept in custody until the trial takes place. Being held in custody while awaiting trial is known as pre-trial detention.

Reintegration

The YCJA recognizes that young people coming out of custody will need assistance in successfully reintegrating into the community. Therefore, every period of custody is followed by a period of supervision and support in the community as part of the young person’s sentence. A youth worker helps the young person plan for his or her reintegration into the community and provides support and supervision to help ensure a successful transition back into society.

Publication Bans

While youth court proceedings take place in open court, meaning that members of the public can attend and observe the proceedings, the YCJA does contain specific provisions regarding the publication of a youth’s identity. As a general rule, no identifying information that would reveal that a young person has been dealt with by the youth justice system can be published. The rationale for this general rule is that publication can undermine efforts to rehabilitate and reintegrate young people back into the community.

However, there are exceptions to the rule against publication. For example, when a youth court imposes an adult sentence, the publication ban is automatically lifted. The YCJA also allows for publication when a youth sentence is imposed for a violent offence, and the judge finds that lifting the publication ban is necessary to protect the public against a significant risk that the young person will commit another violent offence.

Conferences

The YCJA recognizes the importance of involving families, victims and communities in the youth criminal justice system. One way in which this is being done is through conferences. Under the YCJA, a conference is defined as a group of people brought together to give advice to decision-makers such as police officers and judges. A conference can give advice on appropriate extrajudicial measures, conditions for release from pre-trial detention, appropriate sentences, and plans for reintegrating a young person back into the community after serving time in custody.

Conclusion

The YCJA is the legal foundation upon which Canada’s youth criminal justice system is built. It recognizes that in order to protect society, youth who commit crimes must be held accountable through measures that are proportionate to the seriousness of the offence. The measures taken should also aim to promote the rehabilitation of youth, help them successfully reintegrate back into society and prevent them from committing further offences.

Your house is one of your most important assets, so insuring it should be just as important. Given the frequency of natural calamities, the importance of home insurance can’t be stressed enough. But a house insurance policy doesn’t just insure your house against natural catastrophes, it also insures the contents of the house against burglary. But did you know that your house insurance policy will not cover theft? So what is the difference between burglary and theft? Let’s find out.

HOME INSURANCE

There are two types of insurance policies to cover your house: basic fire insurance policy and a comprehensive policy, also called the householder’s package policy (HPP). The fire policy covers your house and its contents against fire and other allied perils, including storm and flood. Some insurers may ask you to pay an extra premium to cover other natural disasters such as earthquakes.

HPP, over and above the fire insurance policy, includes covers that insure contents of your house against burglary and mechanical or electrical breakdowns. You can also add covers such as a public liability cover, which compensates a third party for losses caused by you; or a personal accident cover offering insurance on accidental death or total permanent and partial disability due to an accident.

LEGAL DIFFERENCE BETWEEN BURGLARY AND THEFT

While a packaged home insurance policy offers financial protection in case of damage due to natural calamities, it also compensates you if somebody breaks into your house and steals your valuables. Burglary is a real threat and it is good that your insurance covers it. But you must go through the insurance policy’s details to know how it defines burglary. While you may use the words burglary and theft interchangeably, the two have a different meanings in law and this distinction is observed by the insurers too. Burglary, by definition, involves a break-in through violent or forcible means. So if a person breaks a window to get into the house or break open your cupboard to steal, it is considered burglary. Usually, an HPP covers burglary but not theft.

Theft would mean the person committing the crime had access to the house or its valuables. For example: you may have dropped the keys of your house near the door, and come back home to discover your jewellery stolen. This is more a case of negligence. The insurer could say that you should have kept the keys safely. The reason why insurers don’t cover theft is because it is difficult to administer and often can be due to negligence. But some insurers also offer theft insurance as an add-on cover to the HPP.

HOW TO MAKE A CLAIM

As soon as you discover a burglary, file a first information report (FIR) and intimate the insurer. The insurer will need the copy of the FIR and will also ask for an incident report. It will then appoint a surveyor to investigate the claim. Once approved, the insurer will typically pay for the insured assets on market-value basis.

INFORMATION ABOUT THEFT OVER AND UNDER $5000 DEPENDING ON THE VALUE OF THE AMOUNT ALLEGED TO HAVE BEEN STOLEN.

It is considered a “property offence” and it is not uncommon for an accused person to have multiple counts of theft alleged if the conduct accused of took place over a certain period of time. Theft charges usually involve retail theft, including shoplifting and price-switching, breach of trust situations involving employers, and large scale thefts involving vehicles or construction equipment.

These charges may sometimes be laid along with fraud charges. Depending on the circumstances of your case, your theft charge may be difficult for the Crown prosecutor to prove, or your constitutional Charter rights may have been violated during your arrest. As in all criminal cases, entering a plea of guilty to a fraud charge can have profoundly serious consequences. Having a criminal record may effect your work, your immigration status, your reputation, your family and your personal freedom.

WHAT IS THE POSSIBLE PENALTY FOR THEFT OVER $5000?

Under the Criminal Code of Canada, Section cc. 322.(1), every one who is found guilty of Theft Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to ten years.

WHAT IS THE POSSIBLE PENALTY FOR THEFT UNDER $5000?

Under the Criminal Code of Canada, Section cc. 322., every one who is found guilty of Fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.

Are you interested in firearms and currently seeking firearms training from certified professionals? Do you own firearms and would want to undergo training to develop your shooting skills? Or maybe just plain interested in firearms and would want to learn how to shoot? Getting training professionally by firearms instructors would certainly come with advantages. Here are some of them:

All shooting ranges in the Canada adhere to an accepted ‘code’ of firearm safety rules and regulations which, first and foremost, keep it well-known that firearms are not toys, should be treated with respect and care, and to be kept out of the wrong hands. Basic safety is either taught by new shooters’ peers, or by range safety officers, once they are familiar with the proper disciplines and etiquette, they’re prepared for their first shooting experience.

Recreational shooting can be done in several ways: shooting for accuracy, shooting for speed, or just shooting inanimate objects for the sheer enjoyment of it; all of which are great ways of blowing off steam and having a good time with friends.

Shooting for accuracy, or marksmanship, places emphasis on either achieving tight ‘groupings,’ which refers to the distance between 3 or more points of impact from fired bullets, or precision accuracy for small targets or long ranges. This style is one of the more challenging, as the slightest error in breath control, trigger squeeze, positioning, and handling of the firearm may result in a missed shot. The difficulty of precision shooting sometimes intimidates new shooters, but those who see it as a challenge to overcome enjoy every chance they get to improve upon their skills.

Shooting for speed could encompass clay pigeon shooting, where a round clay disc is ‘thrown’ by a machine or hand-held thrower by a shooting partner, and the shooter uses a shotgun loaded with bird shot to hit the clay target before it’s either out of range or hits the ground. As the shooter’s skill and reaction time advances, multiple clays may be thrown at once, and the speed/elevation of the clays can be adjusted for new challenges.

 Clay shooting is one of the most common social shooting events, whether for sophisticated business executives or college buddies spending an afternoon at the range. Another speed shooting style would be reactive targets, or obstacle courses. Although they are usually reserved for competitions, a shooter doesn’t need to be a professional to participate in 3-gun matches (fast-paced shooting courses utilizing a shotgun, rifle, and pistol where the shooter competes against the clock to score hits on an assortment of targets). Many more experienced 3-gun participants are always willing to assist newcomers to learn better techniques and to maximize the efficiency of their equipment to achieve better times and scores. 3-gun events provide an adrenaline rush which any shooter would enjoy.

Although a lot of juvenile crimes resemble those for adult crimes, penalties and laws associated with juvenile criminal offenses are substantially different. Two of the most significant distinctions are that juveniles are not entitled to a trial by jury, nor are they permitted to be discharged on bail.

A juvenile criminal is anyone under the age of 18. When your child is being charged with juvenile crimes, it is of the utmost importance that you have an experience juvenile and family law attorney to represent you and your child. With many juvenile cases, an experienced attorney can get a lighter sentence or in some cases, rehabilitation instead of placement in a state juvenile facility.

Juvenile crimes can be categorized by misdemeanors and or felonies. the categorization of the crime is based upon the crimes intensity and or violence in some cases. This is especially so, when there is also a sexual criminal offense attached to the crime or if the crime is committed on a school campus, if there is gang involvement in the commencement of the crime or in the event that a tool is used as a weapon, then the juvenile crime may be subject to being charged as an adult, in which case, bail may be set and he or she can be tried by a jury.

There are many causes for juvenile delinquency, but many studies point to parental neglect, abuse, school problems, or community issues. Research has shown that many individuals who are charged with crimes as a juvenile go on to be offenders at the adult level as well. Programs for rehabilitation and education go a long way toward correcting destructive behavior, but do not always prove to be successful.

Several states have taken steps to ensure that juveniles are not removed from the home, in the interest of preserving the family unit. In these cases, the offenders are usually required to pay restitution, surrender drivers’ licenses, and commit to programs for rehabilitation. Other states have strong institutional systems in place for removing delinquents from the streets and placing them in juvenile detention centers.

Being tried as a juvenile often differs greatly from adult criminal trials. Most juvenile cases are heard in an informal manner, although severe crimes may require a more formal trial. If the juvenile admits guilt and shows remorse, the judge may issue an informal disposition requiring the youth to meet specific requirements. Juveniles are provided the standard rights to due process, rights against self-incrimination, and the right to call witnesses.

Part of preventing juvenile crime is by giving youths a suitable substitute to the gang mentality.

That being said, some of the more common state run projects to preclude juvenile crime are state sponsored youth initiatives as well as drug abuse education.

Along with these activities, the state also diverts a substantial amount of tax monies into supplying and maintaining correctional facilities whose focus is the rehabilitation of minors involved in juvenile crime.

No matter what the primary cause of juvenile wickedness is, the fact remains that it is a significant issue that we need to address as a society.

Only by the fair address of juvenile crime at the community level can we take the steps required to win over the disenfranchised youth.

If this subject interests you, you may have enlightening experience, real stories, instructive opinions or a burning problem to deal with. Why not publishing your concerns, expressing your thoughts, sharing your advice? It is easy, right on the form of our page referred to in the link hereafter.

The crimes of theft and robbery can easily be confused because both involve taking someone else’s money or property. However, while theft and robbery share some characteristics, the offenses are quite different.

Robbery differs from theft primarily in that it involves force or intimidation to take property from another person. It is the use of force that makes robbery, in most cases, the more serious crime.

Definition of Theft

“Theft”—called “larceny” in some states—is a broad term that can cover a wide variety of criminal offenses. For example, shoplifting and stealing a motorcycle are both forms of theft.

The typical elements of theft are a person:

• taking someone’s money or personal property without permission
• carrying the property away, and
• intending to keep the property permanently.

Victim need not be present. Someone can commit theft even by taking unattended property. A couple examples are taking cash left on a restaurant table and stealing a parked car.

Other forms of theft. While most people associate theft with taking property, the crime can also involve the stealing of services. For instance, depending on the relevant law, theft can occur where someone doesn’t pay for but uses:

• cable, cellphone, or electricity services
• hotel or restaurant accommodations, or
• public transportation.

Importantly, many states—as well as the federal government—have passed laws specifically criminalizing identity theft.

Other common types of theft include fraud and embezzlement.

Definition of Robbery

Like theft, robbery involves taking money or property without permission. However, the crime of robbery also involves force or the threat of force. The typical elements of robbery are someone taking money or property:

• with the intent to keep the property permanently
• without the property owner’s consent
• by the use of force or intimidation.

Victim must be present. Robbery, unlike theft, entails taking property directly from a person. For instance, suppose two men armed with guns enter a bank, demand money from a teller, and flee with the cash. Because they had intent to steal, used the threat of force, and took money directly from a person, the two men have committed robbery.

Penalties for Theft

In many states theft (or larceny) can be either a felony or a misdemeanor, depending on the value of the stolen property. For example, in Nevada, theft is a misdemeanor if the property is valued at less than $650 and a felony if the value is $650 or more. (Nev. Rev. Stat. Ann. § 205.0835 (2016).)

Theft convictions carry a range of potential punishments, and the range varies depending on the state. For instance, in Nevada, a felony theft conviction can result in up to ten years in prison and a fine of as much as $10,000. A misdemeanor conviction in that state carries the possibility of six months’ jail time and a fine of up to $1,000. (Nev. Rev. Stat. Ann. § § 193.130, 193.150, 205.0835 (2016).)

Penalties for Robbery

Because robbery involves force, it is often considered a more serious crime than theft. In most cases, robbery is a felony, and a conviction can result in significant prison time, especially if a weapon was involved. For example, Georgia’s robbery statute provides that the crime is punishable by up to 20 years in prison. However, an armed robbery conviction in that state can lead to a sentence of up to 20 years in prison, life imprisonment, or even capital punishment. (Ga. Code Ann. § § 16-8-40, 16-8-41 (2016).)

Legal Help

The elements of crimes and their potential punishments can vary from state to state. For more on the differences between theft and robbery, or to learn about the laws in your area, consult an experienced criminal defense lawyer in Burlington.

The last place anyone wants to find themselves is in a jail cell. And if you’re unlucky enough arrive in one your first concern is getting out as quickly as possible. But how? First you will need to be “booked,” or processed into police custody. Then you may have to post “bail,” a set amount of money you pay in exchange for your release.

This article provides an overview of the booking procedure and the bail and bonds process.

What Does Booking Mean?

If you’re placed under arrest, normally you will be taken into police custody and booked, or processed. During booking, officers will generally:

• Record your personal information (name, date of birth, physical characteristics);
• Record information about the alleged crime;
• Record your fingerprints, and photographs;
• Check for any criminal background;
• Search your person and confiscates any personal property like keys, phone, or a purse (to be returned upon your release); and
• Place you in a police station holding cell or local jail.

If you’ve been arrested for a minor offense, you might be given a written citation and released, after signing the citation and promising to appear in court at a later date. If not, you will go through the bail and bond procedure.

Arraignment and Own Recognizance Release

After booking, the next step is the arraignment, where you will be read the formal charges and be given an opportunity to arrange for your release. The main concern authorities have is that you show up for your future court dates. In certain cases, you may be eligible to be released on your own recognizance. This means you promise in writing to appear in court later on. A judge deciding whether to grant own recognizance release normally considers:

• The seriousness of the crime;
• Your criminal record, if any;
• Whether you pose a danger to the community; and
• Your ties to the community (whether you are a risk to flee).

If you are released on your own recognizance and fail to appear for your court date as scheduled, a warrant may be issued for your arrest.

What is Bail?

In some cases, a written promise to appear in court isn’t enough, and the court will want a financial guarantee that you will appear in court. Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings. If you show up to court as promised, the bail amount will be returned. If not, you will be subject to arrest and you will forfeit the bail amount.

The bail proceedings can vary from court to court, but generally the court will have a bail hearing to decide whether to grant bail (in extreme cases a court can deny your release altogether) and, if so, what amount is appropriate. The court will have a bail hearing, during which it will consider:

• Your physical and mental condition;
• Your financial resources;
• Your family ties;
• Any history relating to drug and alcohol abuse;
• Any criminal history;
• Any previous record concerning appearance at court proceedings; and
• The length of your residence in the community.

Along with the monetary bail determination, the court could also impose restrictions on your release like limiting your travel, enforcing a curfew, revoking gun ownership privileges, or requiring drug, alcohol, medical, or psychological testing or treatment.

Posting Bail and Bail Bond Agents

Once a court has set the amount of your bail, that amount, or a specified percentage, must be posted, or paid to the court. Generally you can pay in cash or an approved cash substitute, such as a money order or cashier’s check. Once you’ve posted bail, the court will issue a document or an order that shows you may be released.

If you can’t afford to post your own bail, you can contract a commercial bail bond agent (or bail bondsman) to pay and ensure bond. A bond agent will charge a nonrefundable fee, usually 10 to 20 percent of the total bail. In return, the bail bond agent agrees to pay the remaining amount to the court if you fail to appear for your court proceedings.

More Questions About Bail and Bonds? Contact a Lawyer

Finding yourself in jail and needing a bail and bond can be a scary experience. Posting bail, being released on your own recognizance, finding a bail bonds agent — the sheer amount of issues you will have to deal with can be overwhelming. If you’ve been arrested, you should contact an experienced criminal defense attorney in your area to discuss your specific situation.

1. Talk about body parts early.

Name body parts and talk about them very early. Use proper names for body parts, or at least teach your child what the actual words are for their body parts. I can’t tell you how many young children I have worked with who have called their vagina their “bottom.” Feeling comfortable using these words and knowing what they mean can help a child talk clearly if something inappropriate has happened.

2. Teach them that some body parts are private.

Tell your child that their private parts are called private because they are not for everyone to see. Explain that mommy and daddy can see them naked, but people outside of the home should only see them with their clothes on. Explain how their doctor can see them without their clothes because mommy and daddy are there with them and the doctor is checking their body.

3. Teach your child body boundaries.

Tell your child matter-of-factly that no one should touch their private parts and that no one should ask them to touch somebody else’s private parts. Parents will often forget the second part of this sentence. Sexual abuse often begins with the perpetrator asking the child to touch them or someone else.

4. Tell your child that body secrets are not okay.

Most perpetrators will tell the child to keep the abuse a secret. This can be done in a friendly way, such as, “I love playing with you, but if you tell anyone else what we played they won’t let me come over again.” Or it can be a threat: “This is our secret. If you tell anyone I will tell them it was your idea and you will get in big trouble!” Tell your kids that no matter what anyone tells them, body secrets are not okay and they should always tell you if someone tries to make them keep a body secret.

5. Tell your child that no one should take pictures of their private parts.

This one is often missed by parents. There is a whole sick world out there of pedophiles who love to take and trade pictures of naked children online. This is an epidemic and it puts your child at risk. Tell your kids that no one should ever take pictures of their private parts.

6. Teach your child how to get out of scary or uncomfortable situations.

Some children are uncomfortable with telling people “no”— especially older peers or adults. Tell them that it’s okay to tell an adult they have to leave, if something that feels wrong is happening, and help give them words to get out of uncomfortable situations. Tell your child that if someone wants to see or touch private parts they can tell them that they need to leave to go potty.

7. Have a code word your children can use when they feel unsafe or want to be picked up.

As children get a little bit older, you can give them a code word that they can use when they are feeling unsafe. This can be used at home, when there are guests in the house or when they are on a play date or a sleepover.

8. Tell your children they will never be in trouble if they tell you a body secret.

Children often tell me that they didn’t say anything because they thought they would get in trouble, too. This fear is often used by the perpetrator. Tell your child that no matter what happens, when they tell you anything about body safety or body secrets they will NEVER get in trouble.

9. Tell your child that a body touch might tickle or feel good.

Many parents and books talk about “good touch and bad touch,” but this can be confusing because often these touches do not hurt or feel bad. I prefer the term “secret touch,” as it is a more accurate depiction of what might happen.

10. Tell your child that these rules apply even with people they know and even with another child.

This is an important point to discuss with your child. When you ask a young child what a “bad guy” looks like they will most likely describe a cartoonish villain. You can say something like, “Mommy and daddy might touch your private parts when we are cleaning you or if you need cream — but no one else should touch you there. Not friends, not aunts or uncles, not teachers or coaches. Even if you like them or think they are in charge, they should still not touch your private parts.”

Your house is one of your most important assets, so insuring it should be just as important. Given the frequency of natural calamities, the importance of home insurance can’t be stressed enough. But a house insurance policy doesn’t just insure your house against natural catastrophes, it also insures the contents of the house against burglary. But did you know that your house insurance policy will not cover theft? So what is the difference between burglary and theft? Let’s find out.

HOME INSURANCE

There are two types of insurance policies to cover your house: basic fire insurance policy and a comprehensive policy, also called the householder’s package policy (HPP). The fire policy covers your house and its contents against fire and other allied perils, including storm and flood. Some insurers may ask you to pay an extra premium to cover other natural disasters such as earthquakes.

HPP, over and above the fire insurance policy, includes covers that insure contents of your house against burglary and mechanical or electrical breakdowns. You can also add covers such as a public liability cover, which compensates a third party for losses caused by you; or a personal accident cover offering insurance on accidental death or total permanent and partial disability due to an accident.

LEGAL DIFFERENCE BETWEEN BURGLARY AND THEFT

While a packaged home insurance policy offers financial protection in case of damage due to natural calamities, it also compensates you if somebody breaks into your house and steals your valuables. Burglary is a real threat and it is good that your insurance covers it. But you must go through the insurance policy’s details to know how it defines burglary. While you may use the words burglary and theft interchangeably, the two have a different meanings in law and this distinction is observed by the insurers too. Burglary, by definition, involves a break-in through violent or forcible means. So if a person breaks a window to get into the house or break open your cupboard to steal, it is considered burglary. Usually, an HPP covers burglary but not theft.

Theft would mean the person committing the crime had access to the house or its valuables. For example: you may have dropped the keys of your house near the door, and come back home to discover your jewellery stolen. This is more a case of negligence. The insurer could say that you should have kept the keys safely. The reason why insurers don’t cover theft is because it is difficult to administer and often can be due to negligence. But some insurers also offer theft insurance as an add-on cover to the HPP.

HOW TO MAKE A CLAIM

As soon as you discover a burglary, file a first information report (FIR) and intimate the insurer. The insurer will need the copy of the FIR and will also ask for an incident report. It will then appoint a surveyor to investigate the claim. Once approved, the insurer will typically pay for the insured assets on market-value basis.

Information about Theft over and under $5000 depending on the value of the amount alleged to have been stolen.

It is considered a “property offence” and it is not uncommon for an accused person to have multiple counts of theft alleged if the conduct accused of took place over a certain period of time. Theft charges usually involve retail theft, including shoplifting and price-switching, breach of trust situations involving employers, and large scale thefts involving vehicles or construction equipment.

These charges may sometimes be laid along with fraud charges. Depending on the circumstances of your case, your theft charge may be difficult for the Crown prosecutor to prove, or your constitutional Charter rights may have been violated during your arrest. As in all criminal cases, entering a plea of guilty to a fraud charge can have profoundly serious consequences. Having a criminal record may effect your work, your immigration status, your reputation, your family and your personal freedom.

What is the possible penalty for Theft Over $5000?

Under the Criminal Code of Canada, Section cc. 322.(1), every one who is found guilty of Theft Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to ten years.

What is the possible penalty for Theft Under $5000?

Under the Criminal Code of Canada, Section cc. 322., every one who is found guilty of Fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.