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In Canada, the Truth in Sentencing act, or Bill C-25 [1] came into effect on Monday, February 22, 2010. [2] This bill amends s.719 of the Criminal Code of Canada, limiting the discretion of a sentencing judges to give credit to individuals who have spent time incarcerated prior to conviction.
In 2009, the Parliament of Canada passed the Truth in Sentencing Act which mostly eliminated a judge's discretion to give credit for pre-trial custody beyond one day for every day served. [14] The bill received Royal Assent on 23 October 2009 and came into force on 22 February 2010.
Sentencing and the interpretation of the Truth in Sentencing Act – Unanimous: R v Jackson 2014 SCC 30 : Admissibility of evidence under judicial discretion – Unanimous (oral) Dionne v Commission scolaire des Patriotes 2014 SCC 33 : Occupational health and safety and the right to refuse unsafe work – Unanimous
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In sentencing, when an individual is found guilty of a criminal offence, a Canadian judge must consider the relevant provisions of the Criminal Code as well as relevant Canadian sentencing jurisprudence related to Indigenous Canadians. [3] This distinction is a result of disproportionate sentencing of Indigenous peoples in Canada. [4]
See Criminal sentencing in Canada. Where the trial is by judge alone, the judge will determine all facts which were proven and allow the parties to adduce additional evidence concerning disputed facts which may form the basis for finding aggravating or mitigating circumstance ( i.e. , the extent of injuries sustained by a victim).
This sentencing principle enforces deliberation for Canadian Judges; considering other sentencing options, rather than imprisonment – based upon factors of specific life, social and cultural circumstances of Indigenous offenders. [10] Subsection 718.2(e) is a guiding principle and not a substantive power.
Criminal Law Amendment Act, 1997; Criminal sentencing in Canada; D. Death recorded; Deferred sentence; Discharge (sentence) ... Truth in sentencing; V. Victim surcharge