Sections Sentencing provisions in Canadian law are found in s.718.1 and s.718.2 of the Criminal Code, which states that, “sentences must be proportionate to the nature of the offence, reduced or increased depending on the mitigating and aggravating factors, must be similar to sentences imposed on similar offenders for similar offences in similar circumstances, and if the sentence is consecutive, it must not be unduly long or harsh.” Therefore, an offender should not be deprived of their liberty if
Overcrowding affects nearly every correctional institution in the United States and Canada. In British Columbia some maximum-security institutions are at 200 percent over capacity. A Saskatchewan ombudsman found that Saskatchewan provincial facilities are running at double capacity. And in Prince Edward Island, a facility that was intended
Mandatory Minimum Sentences: Judicial Discretion Twenty-nine offences in the Criminal Code have a mandatory minimum sentence of imprisonment time. The majority of these sentences were introduced with Bill C-68, a set of firearms-related legislation introduced in 1995. In addition, there are also mandatory minimum sentences for several other offences, such as child prostitution, betting, pool-making, and impaired driving. Mandatory minimum sentences impose legislated punishments, furthermore,
was an appropriate intervener for two reasons: the CBA had a strong interest in the mandatory minimums within the impugned legislation and the perspective of implementing an exemption would act as a good alternative to amending the legislation in case the judiciary did not see good enough reason to dismiss the appeal. I will present an explanation for why the CBA argued for an alternative to the mandatory minimum, how it relates to the submissions of the respondents, and the reasoning behind the
1. Mandatory minimum sentencing is a protocol made to provide accurate sentencing for a crime. The purpose is to provide a standard where judges cannot reduce sentences, in order to encourage a fairer judicial system. 2. The criminal code for impaired driving is divided into two strands. The first one being Impaired driving causing bodily harm, which talks about how a person who causes bodily harm to another while intoxicated will be imprisoned for not more than 10 years. The second strand is
Introduction Social policies are constructed to guide society. These policies are influenced by the collective morals and values of the people living in a society. Social policies in Canada are founded on the best interest of Canadians. Most importantly, social policies address issues by creating and implementing the appropriate solutions. Politicians have the prime role in creating policies and ensuring that these policies provide an answer to key issues in society. However, along the way these
Since the British North America Act was adopted in 1867, Canada has been developing and writing up their own laws independently from other countries. Many people believe that, though our Canadian laws have come far from the days of the BNA act, they are still not up to par with the harshness of American laws. The advantage that Canadians have over Americans is that in Canada, there is only one criminal code for all Canadians whereas in the United States, every State has their own criminal codes which
in Canada The definition of the word “justice” according to Merriam-Webster is, “the quality of being just, impartial, or fair” (“Definition of Justice”). Almost automatically associated with “justice” to many minds is the “criminal ‘justice’ system”—and criminals. Canada’s criminal justice system and the penalties for crimes committed in Canada have been recent topics of discussion preceding this year’s general election. The Conservative Party of Canada promised mandatory minimum sentences for
1. DEMERIT POINT SYSTEM Demerit points are added to your driver’s licence, if you are convicted of breaking certain driving laws. The rules are different depending on if you are a new driver or have a full licence. This information will explain how the demerit points system works. How demerit points work You don’t “lose” demerit points on your driving record. You start with zero points and gain points for being convicted of breaking certain traffic laws. Demerit points stay on your record for
There is presently much controversy regarding Cannabis-related legislations in Canada, as while there is a great deal of individuals supporting conditions in the present, there are also numerous people who are against contemporary laws. It is presently illegal to grow cannabis plants in Canada, but the authorities allow cannabis to be consumed for medical purposes. Many people in Canada believe that cannabis should be legalized in the country, with some of the most recent polls pointing toward the