Question from Al, What are my rights if my spouse with a no contact order against me is withholding and opening my mail in Canada?
Answer from AI:
In Canada, it is generally illegal to open mail that is not addressed to you, or to withhold someone else’s mail. This is governed by the Criminal Code of Canada, specifically Section 356 which deals with theft of mail.
According to Section 356 of the Criminal Code, anyone who steals, opens, or tampers with mail not addressed to them is committing a crime. This includes mail that is in transit, in a post office, or in a mail receptacle. If your spouse is opening your mail without your consent, they may be in violation of this law.
Steps to Take
If you believe your mail is being withheld or opened without your consent, you may want to consider the following steps:
- Document the Evidence: Keep a record of all instances where your mail has been withheld or opened. This could include photographs of opened mail, or written records of when and what mail was withheld.
- Contact the Police: If you have evidence that your mail is being tampered with, you can report this to the police. They may be able to investigate and potentially press charges.
- Notify Your Lawyer: If you have a lawyer, inform them of the situation. They can provide advice tailored to your specific circumstances and may be able to assist in resolving the issue.
- Contact Canada Post: You can also report mail theft to Canada Post. They may be able to provide additional assistance or advice.
While this information provides a general overview of the law, it is always recommended to consult with a legal professional for personalized advice. A lawyer can help you understand your rights and the best course of action in your specific situation.
Please note that while a no contact order may complicate matters, it does not give your spouse the right to open or withhold your mail. If your spouse’s legal representative is not responding to your representative, your lawyer may be able to take further action to ensure communication is established.
Remember, this information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.