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General statutory aggravating factors are found in section 718.2 of the Criminal Code. [10] They are: Motivation due to bias, prejudice, or hate; Domestic violence; Abuse of person under 18 years old; Breach of trust or authority; Offence was committed for the benefit of, at the direction of, or in association with a criminal organization ...
All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories: 1. Very serious indictable-only offences including treason and murder (section 235) [2] that are listed in section 469 of the Criminal Code. [2]
The Criminal Code (French: Code criminel) is a law of the Parliament of Canada that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel ).
The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code as well as legal tradition. [1] Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be "reasonable informed" of the charge; thus it does not matter if a summons ...
Offences under the Criminal Code that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of between 7 years and 25 years) include treason, piracy, mutiny, aircraft hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, refusing to disperse after ...
A conditional sentence is a custodial sentence. However, the accused is ineligible for remission. Typically accused persons sentenced to custody are given a one-day reduction for every two days served, provided the accused is of good behaviour and follows the institutional rules (see sec. 6 of the Prisons and Reformatories Act).
The provinces share responsibility for law enforcement (although provincial policing in many jurisdictions is contracted to the federal Royal Canadian Mounted Police), and while the power to prosecute criminal offences is assigned to the federal government, responsibility for prosecutions is delegated to the provinces for most types of criminal ...
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.