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When the additional facts are in dispute, the party relying on the fact has the burden to prove it. The general standard of proof at a sentencing hearing is a "balance of probabilities". If the Crown, however, is relying on an aggravating fact or a prior conviction, the burden of proof is "beyond a reasonable doubt". [3]
A person may be prosecuted criminally for any offences found in the Criminal Code or any other federal statute containing criminal offences. [1] In all Canadian provinces and territories, criminal prosecutions are brought in the name of the "King in Right of Canada".
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act.
In Canada, criminal law is a federal matter, set out in the Criminal Code. Restrictions can be placed on certain activities following a conviction involving: (1) the use of weapons in the commission of a criminal offence; (2) driving a vehicle while impaired by alcohol or drugs; (3) electoral corruption.
For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or ...
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 ...
Even without absorbing the northern neighbor into the U.S. or getting his conviction on 34 felony counts of falsifying business records overturned, Trump should have little trouble entering Canada ...
In Canadian law, a peace bond (also known as a 810 order, after the relevant section of the Criminal Code of Canada) is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time.