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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] There are a number of exceptions to the normal rules of evidence. For example, the judge may permit hearsay evidence.
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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 ...
Criminal law matters relating to young persons (those aged 12 through 17) are dealt with by the Youth Criminal Justice Act which provides for different procedures and punishments than those applicable to adults. It also provides that in some serious cases youths may be treated like adults for sentencing and other purposes.
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 ...
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]
The intention of the act was to correct minor errors and to streamline the law in respect of areas which are to be consolidated under the Sentencing Act 2020. The overall purpose of the law (together with the Sentencing Act 2020) is to remove historic and redundant layers of sentencing procedural legislation without introducing new sentencing law.
The last edition of the RSO was dated 1990 pursuant to the Statutes Revision Act, 1989, consolidating the statutes in force prior to January 1, 1991. [3] More recently, acts have been consolidated on the e-Laws website, organized by reference to their existing citations in the Statutes of Ontario or Revised Statutes of Ontario. [4]