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The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code as well as legal tradition. [1] Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be "reasonable informed" of the charge; thus it does not matter if a summons ...
The Criminal Code (French: Code criminel) is a law of the Parliament of Canada that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel ).
Examples of offences which are always summary offences include trespassing at night (section 177), [2] causing a disturbance (section 175) [2] and taking a motor vehicle without the owner's consent (section 335) [2] (an equivalent to the British TWOC). Summary conviction offences are tried by a judge alone in the province's provincial court.
The Disclosure and Barring Service (DBS) is a non-departmental public body of the Home Office of the United Kingdom.The DBS enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially involving children or vulnerable adults, and provides wider access to criminal record ...
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...
A conditional sentence is not available for offences which are considered "serious personal injury offences." The current law bars the use of a conditional sentence for additional offences, such as sex offences, theft over $5000, terrorism offences and any offence which carries a maximum term of imprisonment of fourteen years or life.
Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause.
Under section 5 subsection 1 of the CFPOA, every person who contravenes the Act (sections 3 and 4) outside Canada that is a Canadian citizen, a permanent resident, [1] or "a public body, corporation, society, company, firm or partnership that is incorporated, formed or otherwise organized under the laws of Canada or a province," [2] is deemed to have committed the offence in Canada. [2]