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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.
Young Offenders Act, S.C. 1980-81-82-83, c. 110 [20] April 2, 1984. [21] The Young Offenders Act raised the minimum age of criminal responsibility to 12 years, and standardized the maximum age to 16–18 years (depending on the province), as well as setting limits on the length of sentence that could be imposed. Anti-terrorism Act, S.C. 2001, c ...
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 ...
Criminal offences require the Crown to prove that there was criminal conduct (known as the actus reus or "guilty act") accompanied by a criminal state of mind (known as the mens rea or "guilty mind") [4] on a standard of "beyond a reasonable doubt". [5] Exceptions to the mens rea requirement exist for strict and absolute liability offences.
By the Law Reform Act, 1909, [61] which came into force on 1 January 1913, the Supreme Court of Judicature for Ontario became the Supreme Court of Ontario, with two branches: (1) the Appellate Division; and (2) the High Court Division. The former was only appellate while the latter was a court of original jurisdiction; however, any judge of the ...
(KRON) — One of the more divisive measures on the November ballot is Proposition 36. Instead of lessening punishment for drug and property crimes, Prop 36 increases sentencing and, in some cases ...
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]
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). This results in ...