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A young person (12 to 17) does not face a life sentence unless they are sentenced as an adult, since the maximum sentence under the Youth Criminal Justice Act is 10 years (for first-degree murder). A person can be sentenced as an adult if they were at least 14 years old at the time of the offence. [24]
Incarceration in Canada is one of the main forms of punishment, rehabilitation, or both, for the commission of an indictable offense and other offenses.. According to Statistics Canada, as of 2018/2019 there were a total of 37,854 adult offenders incarcerated in Canadian federal and provincial prisons on an average day for an incarceration rate of 127 per 100,000 population.
Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2] These can only be tried by the superior trial court of the province with a jury unless both the accused person and the Attorney General consent to trial by a superior trial court judge alone (section 473).
According to Statistics Canada, overall crime in Canada had been steadily declining since the late 1990s as measured by the Crime Severity Index (CSI) and the Violent Crime Severity Index (VCSI), with a more recent uptick since an all-time low in 2014. [4] Both measures of crime saw an 8% to 10% decrease between 2010 and 2018. [4]
However, where the crime is more serious in nature, Aboriginal heritage plays a lesser role as courts will place a higher emphasis on protection of the public, denunciation and general deterrence. Moreover s. 718.2(e) is not a substantive power which allows a court to impose a sentence outside the legally acceptable range.
After more than 30 years of operating under the Police Services Act, [10] the SIU is now regulated by the Special Investigations Unit Act [7] which came into force on December 1, 2020. The legislation serves to strengthen civilian oversight of law enforcement and increase transparency. [11]
The last edition of the RSO was dated 1990 pursuant to the Statutes Revision Act, 1989, consolidating the statutes in force prior to January 1, 1991. [3] More recently, acts have been consolidated on the e-Laws website, organized by reference to their existing citations in the Statutes of Ontario or Revised Statutes of Ontario. [4]
Individuals in Australia can obtain a national criminal history to check themselves, and certain organisations can apply for one on their behalf. A person may be required to undergo a criminal record check for a variety of reasons, including employment screening, volunteer work, preparing for a court appearance, visa applications, firearms licensing, or to satisfy a statutory requirement.