1 844 LAW WILL william@jaksa.ca

Sentencing

Articles Under This Category

Conditional vs. Absolute Discharge in Canadian Sentencing

When an accused person is found guilty by either pleading guilty or through a conviction after a trial, a judge may grant a discharge. In Canada, there are two types of discharges, Conditional and Absolute. In this post, we’ll discuss the implications of a discharge...

read more

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...

read more

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...

read more

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...

read more

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....

read more

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...

read more

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...

read more

Browse Our Blog

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...

read more