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Sentencing

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What is an Absolute Discharge Under Canadian Law

What is an absolute discharge? Absolute discharges are a finding of guilt by a Judge, but no subsequent criminal conviction or criminal record. There is no punishment imposed by the court for absolute discharges. When a judge grants an absolute discharge the accused...

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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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Criminal Harassment in Canada

Criminal Harassment in Canada

Criminal harassment is a criminal offence under the Criminal Code of Canada. It is also sometimes referred to as "stalking." Criminal harassment involves engaging in repeated, unwanted behaviour toward someone that causes that person to fear for their safety or for someone they know. Given that...

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Can Police Enter House Without a Warrant?

Can Police Enter House Without a Warrant?

Enter House Without Warrant In most cases police require a warrant to enter your house. However, police are allowed to enter your house without a warrant in certain situations, such as when they have reason to believe that there is an emergency inside. There are also other very limited...

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