Have you ever done something and asked yourself if this was actually legal or not?
Do not worry. You are far from being alone. As a matter of fact, most people will do the same a few times every month, and it is totally normal. However, it is important to get the answers to those questions.
Indeed, one of the most important concepts of law is that nobody can ignore it. Therefore, if you're currently doing something that is prohibited by the law and a police officer catches you, you will not be able to claim that you simply didn’t know.
Additionally, even if some of those situations are not very dangerous, it does not mean that they do not have important consequences for you. Hence, you could face financial sanctions but also, in some more important cases, imprisonment.
To mitigate the risk, it is important to look at the law. Nonetheless, if it is too late and you have already been intercepted by the police, the first thing to do is to call a lawyer who will be able to help you.
In this article. JuriGo answers the main questions regarding the legality of certain actions.
Is it Illegal to Drive Barefoot?
No, it is a common misconception that you are not allowed to drive your car without having any shoes. Indeed, in Canada, there are no provisions according to which you can’t drive barefoot a car or even a motorcycle.
| Did you know? In Canada, there is not a law saying that you must wear clothes while being in your car. |
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The same goes for driving in flip-flops. There is currently no law that prohibits you from driving in sandals or closed shoes. However, it is recommended as a safety precaution to wear shoes that have a retaining strap.
By doing so, you will have better control over the pedals, and thus, you will increase safety in the event you need to brake rapidly. Furthermore, when you are wearing flip-flops, there is always the possibility that it fall under a pedal, which could then lead to a serious accident.
Hence, it is totally legal to drive your car in sandals, flip-flops, heels or without anything on your feet. Nonetheless, if you get into an accident while being barefoot, nothing is stopping the officer from charging you with careless driving.
Is it Illegal to Count Cards in a Casino?
We all heard about people being able to predict the next card during a Blackjack game at the casino by counting them. Most of the time, the casinos do not seem to be very thrilled with such a strategy. However, is it illegal?
In Ontario, the Court of Justice has already established that counting cards is not cheating, and thus, it is not illegal. Simply put, the goal of this strategy is to determine what will be the next card and know if the hand will be favourable or not.
Therefore, counting cards does not fall within the threshold of the crime found in section 209 of the Criminal Code:
| Section 209. Every person who, with intent to defraud any person, cheats while playing or in holding the staked for a game or in betting is guilty ofan indictable offence and liable to imprisonment for a term of not more than two years; oran offence punishable on summary conviction. |
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To be considered cheating according to the Criminal Code, it must involve fraud or any ill practice that employs an illegal device while playing a game. Hence, it must alter the nature of the game or the criteria establishing who is the winner.
Is it Illegal to Record a Conversation?
There are multiple situations in which someone might be tempted to record a conversation in secret. For instance, if the person is getting threatened by his neighbour, it is definitely a good piece of evidence if you then wish to file a complaint.
However, before starting to record a conversation with someone without their knowledge, it is important to be careful as you might violate one of the rights granted by the law. At the civil level, every individual has a right to privacy.
Therefore, it will be considered an invasion of a person’s privacy if you intercept or intentionally use private communication. It will also be the case if you commit one of the actions below:
- Enter the person’s home and take something without her consent,
- Monitor an individual’s privacy by any means,
- Capture someone else’s image or voice in a private place and
- Use an individual’s image or voice for illegitimate public information.
Furthermore, at the criminal level, invasion of privacy is defined as the interception of private communication. If someone is found guilty, the judge could impose a prison sentence of a maximum of 5 years.
Therefore, in Canada, it is illegal to record private communication. Nonetheless, there is an exception to that prohibition. For instance, if the other person renounces the private nature of the communication through his behaviour, it will then be legal to record the conversation.
Not only is it normally illegal to record a conversation secretly, but it is also not possible to use it as proof in court. Therefore, it is important to ask for the other person’s consent before recording any conversation.
Is it Illegal to Blackmail Someone?
Yes, in Canada, it is illegal to blackmail someone else. More commonly known as extortion, this criminal offence is prohibited under section 346 of the Criminal Code:
| Section 346. Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done. |
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In order to fully grasp what is an act of extortion, it is a lot simpler to break it down into different key components. Hence, in Canada, an individual will be found guilty of extortion whenever:
- He induced or attempted to induce another individual to do anything,
- He intended to obtain something out of it or cause anything,
- He used threats, menaces, violence or accusations to induce a person to do something and
- There was no reasonable justification for inducing the person to do something.
However, the threat itself does not have to be illegal. Indeed, the threat can simply include the disclosure of information to a third party. It could also be the threat to introduce criminal proceedings against someone.
Furthermore, although the threat itself must be made, it is not necessary for you to actually carry out that threat to be found guilty of extortion. In some cases, such a crime can lead to life imprisonment.
Is it Illegal to drive without insurance?
Yes! Whenever you are driving in Canada, you have an obligation to drive and operate your vehicle with a valid insurance policy. Nonetheless, it is not considered to be a criminal offence according to the law.
Still, if you are caught driving without insurance, you will face serious consequences. Not only does it put everybody in the car at risk, but it also imposes some legal or financial consequences.
| Good to know! Because it is not considered as being a criminal offence, you will not have a criminal record if you are found to have driven a car without having a valid insurance policy. |
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What are the consequences? Generally speaking, you will have to pay hefty fines, but in some situations, you might face additional penalties in the future. For instance, you will be flagged by insurance companies as being in the high-risk category.
This will then lead to making you pay more expensive insurance premiums over the years. It will be the case when you are getting arrested, and the police officer charges you with one of those crimes:
- Failure to show proof of your car insurance upon request by the police officer and
- Allowing an uninsured vehicle to be operated or operating it by yourself.
To be charged with that infraction, it does not matter whether or not you have a valid insurance policy or not. The simple fact that you do not have evidence of it is sufficient for the officer to charge you.
Is it Illegal to Burn Money?
According to the law, there is a major difference between the bank notes and the coins. Indeed, it is illegal to melt or break the coins that are currently used as currency and that are tendered in Canada. In that case, you will be found guilty of an offence punishable on summary conviction.
However, regarding banknotes, the rules are very different. No current law says anything about a prohibition of mutilating or defacing banknotes. Nonetheless, there are some reasons why you shouldn’t be damaging your banknotes.
Whenever you damage a banknote, it reduces its lifespan, and thus, it will be necessary to replace it more often. Consequently, the costs will increase. Nonetheless, it is not illegal per se.
Do you have a legal question? JuriGo can help you find the answers with the right lawyer!