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The penalties are identical for impaired driving and driving with a BAC greater than .08. The Criminal Code gives the police and peace officers a number of powers to assist in the enforcement of the applicable laws, and there are a number of presumptions that assist in the prosecution of offences.
If it is in the best interests of the accused, and not contrary to the public interest, a judge may discharge an accused after a finding of guilt. A discharge is only possible if there is no minimum sentence for the offence, and the offence is not punishable by 14 years of imprisonment or a life sentence.
The issues relating to prohibitions and penalties can be approached separately, as noted by Laskin C.J. in Attorney General of Canada v. Canadian National Transportation, Ltd.: It is certainly open to the Parliament of Canada, in legislating in relation to s. 91(27), to take a disjunctive view of the very wide criminal law power which it possesses.
BAC over 0.2% or DUI caught 3 times : License revocation for indefinite period and imprisonment for up to 5 years and fine up to KRW 20,000,000(about USD $20,000). Drunk driving crash resulting in death : 3 years minimum, up to life imprisonment. [54] The penalties were increased after public resentment towards lenient sentencing. [55]
In all Canadian provinces and territories, criminal prosecutions are brought in the name of the "King in Right of Canada". [citation needed] There are two basic types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no ...
The Controlled Drugs and Substances Act (French: Loi réglementant certaines drogues et autres substances) is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drugs Act, and establishes eight Schedules of controlled substances and two Classes of precursors.
A public interest defence is a defence in law that allows a defendant who disclosed classified or protected information to avoid criminal or civil liability by establishing that the public interest in disclosure of the information outweighs the public interest in nondisclosure.
The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused ...
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