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Sentencing

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Conditional vs. Absolute Discharge in Canadian Sentencing

The Differences Between an Absolute Discharge and a Conditional Discharge When an accused person is found guilty after a plea haring or after a criminal trial, a judge may grant a discharge. The granting of a discharge is entirely at the discretion of the judge and is...

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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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COVID-19 Bail Hearing Decisions

While the Ontario Court of Justice and the Superior Court of Justice are being forced to adjust to the coronavirus pandemic by embracing the widespread use of telephone conference calls, video appearances and virtually courtrooms where all the participants are...

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Using Temporary Absence Permits To Contain COVID-19

What Are Temporary Absence Permit (TAP) Requests? TAPs allow inmates serving a sentence, of less than two years (provincial sentences) to be released into the community before their parole eligibility dates. TAPs can be granted for periods ranging from several hours...

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Criminal Sentencing Considerations for Judges

In Canada, sentencing is not an exact process, it is fact-driven and highly individualized. Sentencing is not a strictly codified and regimented process with pre-determined set punishments. In short, sentencing can be considered more of an Art rather than a Science....

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How Does A Previous Criminal Record Affect Sentencing?

Having a criminal record can have a direct impact on your life, even after completing your sentence. A criminal record affects your future by making it more difficult to find employment, limiting travel, and restricting certain rights.  If you face another conviction...

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Does A Youth Tried As An Adult Face The Same Sentencing?

Ontario’s youth justice system operates separately from the adult system. When someone between the ages of 12 and 17 is charged with a criminal offence, police must follow the Youth Criminal Justice Act (YCJA). The YCJA focuses on improving outcomes, taking...

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Bail For Murder Charges in Toronto

Bail For Murder Charges in Toronto

In Toronto, bail is only granted in exceptional circumstances for those who have outstanding murder charges. In order to be considered for bail, you and your proposed sureties must meet certain conditions set out by the court. If you are unable to meet these conditions, you may be required to...

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Actual Cost of Sexual Assault Charges

Actual Cost of Sexual Assault Charges

Nobody wants to talk about the actual cost of sexual assault charges. Particularly when it comes to discussing the actual costs that serious sexual offences impose on the justice system. This is likely due, in part, to the fact that most people not involved in the criminal justice system don't...

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Drug Impaired Driving – The Best DRE Checklist

Drug Impaired Driving – The Best DRE Checklist

What Is a Drug Recognition Expert? A Drug Recognition Expert (DRE) is a police officer trained to scientifically identify if a person's ability to operate motor vehicle is drug impaired by or impaired by alcohol. They are scientifically trained to determine if a person is driving under the...

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