Search results
Results from the WOW.Com Content Network
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 ...
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 ).
For most offences defined by the Criminal Code the Crown has the option to elect to proceed by summary conviction or by indictment and are sometimes known as hybrid offences. In these offences, the level of court and whether the accused has an option over their mode of trial will be determined by how the Crown elects to proceed.
If the offence is a summary conviction offence (or a hybrid offence where the Crown elects to proceed summarily), the maximum fine is $5,000, unless otherwise stated in the statute. [29] Before a court imposes a fine, it must inquire into the ability to pay the fine. [30]
Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause.
To determine this, the Parole Board members may look at the nature and gravity of the offences, the circumstances and the criminal history of the applicant. [9] Proposal to Deny. If the Parole Board is considering denying the application, they will give the applicant an opportunity to make further submissions in writing or at an oral hearing. [10]
Abortion was previously a criminal offence in Canada, which was still largely influenced by the Catholic Church's moral positions on this issue. Bill C-150 made it legal for women to get an abortion if a therapeutic abortion committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. [ 5 ]
In most provinces, trespass to land may also constitute a provincial offence (e.g. Ontario's Trespass to Property Act [14] which provides for compensation for property owners and extinguishes the right to sue under tort law where a property owner receives such compensation under section 12 of the act) but not a criminal offence as criminal law ...