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Court Procedures

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Jurisdictional Errors and Certiorari Applications

The scope of judicial review of certiorari is very limited, only allowing review where “it is alleged that the tribunal has acted in excess of its assigned statutory jurisdiction or has acted in breach of the principles of natural justice which, by the authorities is taken to be an excess of jurisdiction”. This limited scope of review reflects the limited screening purpose of the preliminary inquiry, only allowing review for jurisdictional error, and not mistakes of fact or law.

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What is a Gardiner Hearing?

  A Gardiner Hearing is when evidence is called during sentencing after an accused person has entered a guilty plea to outstanding charges, or in very rare instances has been found guilty after a trial. During a Gardiner Hearing evidence is presented to the Judge on...

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Criminal Court Glossary

Criminal Court Glossary Absolute Discharge – This is when a person has been found guilty of an offence but no conviction is registered on their criminal record. It is a finding of guilty without the consequence of a criminal record. Acquittal – An acquittal is a...

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Diversion For Criminal Charges in Ontario

Diversion For Criminal Charges in Ontario

Many individuals facing criminal charges have questions about alternate methods of making up for the harm caused by their alleged crime instead of a prison sentence. In this post, we’ll examine what is meant by diversion, go through the diversion procedures and discuss who is eligible and what is...

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