Search results
Results from the WOW.Com Content Network
This right states that if a person committed a crime whose punishment has become lighter or harsher by the time a judge delivers a sentence, the person should receive the lighter punishment. In some cases, the Court of Appeal for Ontario and Alberta Court of Appeal have ruled that section 11(i) only applies to the sentencing given by a trial ...
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
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.
Appeals from the Court of Appeal lie with the Supreme Court of Canada, Canada's court of last resort. Other than certain criminal matters, appeals to the Supreme Court of Canada are heard only by leave of that court. Since the Supreme Court denies leave in most cases, the Court of Appeal is the final court for most matters originating in Alberta.
R v Askov, [1990] 2 S.C.R. 1199, is a 1990 appeal heard before the Supreme Court of Canada which established the criteria and standards by which Canadian courts judge whether an accused's right to a speedy trial under the Canadian Charter of Rights and Freedoms, Section 11(b) "to be tried within a reasonable time" has been infringed.
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence.
On June 30, 1979, the Supreme Court Trial Division was renamed the "Court of Queen's Bench of Alberta". The district courts created in 1907 were amalgamated into the District Court of Northern Alberta and the District Court of Southern Alberta in 1935, merging altogether into the District Court of Alberta in 1975.
Judgment: May 13, 2022; Full case name: Matthew Winston Brown v. Her Majesty The Queen: Citations: 2022 SCC 18: Docket No. 39781 [1] Prior history: Judgment for Crown in the Court of Appeal for Alberta: Holding; Section 33.1 of the Criminal Code violates section 7 and section 11(d) of the Canadian Charter of Rights and Freedoms and cannot be ...