Search results
Results from the WOW.Com Content Network
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada. A judge sentences a person after they have been found guilty of a crime.
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.
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.
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).
Parole eligibility for second degree murder typically varies between 10 and 25 years, and is set by the sentencing judge. A life sentence is the most severe punishment for any crime in Canada. Criminal laws are enacted by the Parliament of Canada and apply uniformly across the country. [1]
The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused ...
There are a variety of offences that can be prosecuted in Canadian courts, but not all of them can be considered as criminal in nature. In R. v. City of Sault Ste-Marie, they were classified into the following categories, of which only the first qualifies as criminal (and therefore under federal jurisdiction): 1.
The Safe Streets and Communities Act (French: Loi sur la sécurité des rues et des communautés) is an act passed by the 41st Canadian Parliament 154–129 on March 12, 2012. When Parliament re-convened in September 2011, the Minister of Justice introduced the Safe Streets and Communities Act, an omnibus bill of nine separate measures.