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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...
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...
If you have been charged with a crime in Canada, the offence will be categorized as a summary, indictable, or hybrid offence. While the categories generally refer to the severity of the crime committed, there can be some overlap, making it challenging for those...
There are currently dozens of crimes in Canada that carry mandatory minimum sentence requirements, including minimum fines and mandatory periods of imprisonment. While many mandatory minimum sentences (MMS) have been struck down in recent years, it is essential to...
When a judge in Ontario is considering a criminal sentence, they must consider mandatory sentencing restrictions. However, some factors can influence their decisions, such as aggravating and mitigating factors that can reduce or increase the sentence. This post will...
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...
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...
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...
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....
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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Sentences for manslaughter convictions vary widely and can be difficult to understand. The Canadian criminal system is complex, with a range of possible consequences that depend on the circumstances associated with each specific case. This article will provide an overview of manslaughter...
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...
Enter House Without Warrant In most cases police require a warrant to enter your house. However, police are allowed to enter your house, or enter private property, without a warrant in certain situations, such as when they have reason to believe that there is an life threatening emergency exists...