Absolute and conditional discharges are types of sentences in Canada's criminal justice system. Want to learn more? What is a discharge? A discharge is a legal sentence in Canada set out in section 730(1) of Canada’s Criminal Code. Both absolute and conditional discharges are a finding of guilt … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Gladue
In the Gladue case, the Supreme Court of Canada considered Aboriginal sentencing provisions in the Criminal Code. … the jail term for an aboriginal offender may in some circumstances be less than the term imposed on a non aboriginal offender for the same offence.R v Gladue, [1999] 1 SCR 688 (SCC) … [Read more...]
Viewpoint 42-4: Understanding Parole: Paul Bernardo Eligible for Full Parole in February 2018
February 2018 marks 25 years since the arrest of Paul Bernardo for the rapes and murders of two young women in Ontario. Following one of the longest and most highly publicized criminal trials in Canadian history, he was convicted of two counts of first degree murder and given the automatic and … [Read more...]
Bench Press 39-2: Unprecedented Sentence of 75 Years
Justin Bourque, the 24-year-old Moncton man who gunned down three RCMP officers this spring has been sentenced to a 75-year prison sentence. He will not be eligible for parole until he is 99 years old. This is the longest sentence in Canadian history and the most severe penalty since the death … [Read more...]
Truth in Sentencing Act Fails Again
For the second time this year, courts have found fatal flaws in sections of the federal Truth in Sentencing Act. In April the Supreme Court of Canada ruled that judges could give 1.5 days credit for every day an offender spends in pre-trial custody when determining a sentence, despite the Act’s … [Read more...]
Recent Developments in Criminal Law
It will come as no surprise to anyone tuned into the current political situation in Canada that changes in our criminal laws over the last several years have been consistently in a single direction: that of creating more offences and imposing stiffer penalties. Relying upon its position that … [Read more...]
Bench Press 38-5: Shakespeare in Court
An Ottawa judge quoted Shakespeare when sentencing a 69-year-old sex offender recently. The offender had assaulted his neighbour in her home after taking her out for a birthday dinner. The Judge referenced Act 1 Scene VII of MacBeth: “He’s here in double trust. First, I am his kinsman and his … [Read more...]
Bench Press 38-5: Justice is Blind
The Alberta Court of Appeal recently faced an interesting dilemma when pondering how to sentence a legally blind man. The accused had been found guilty of sexual assault. He was legally blind and had used a guide dog since he was 17. The trial judge feared for his safety in prison and worried that … [Read more...]
Criminal Defence Law in the North: Part Two
In my last column (Part One) I briefly sketched out some aspects of substantive criminal law as it is enforced and applied in the Northwest Territories. I want in this contribution to comment upon some underlying factors which, at least sometimes, lead to criminal conduct, as well as aspects of … [Read more...]
Bench Press 38-2: On Second Thought…
An Ontario judge convicted a man of a firearm offence. However, at the sentencing hearing three months later, he announced that he had changed his mind. He stated: “To convict Mr. Griffith raises the risk of a grave injustice. The Crown has presented a strong case, but I can no longer say in good … [Read more...]
