Sentences with phrase «criminal code requires»

In his blog, Sookman note the offence of «luring a child» under s. 172.1 (1) of the Criminal Code requires the offence be committed by means of a computer system within the meaning of s. 342.1 (2) of the Criminal Code.

The Criminal Code requires that a demand for a sample of breath be made «as soon as practicable.»

When sentencing an organization, the Criminal Code requires the courts to consider «the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees».

The Criminal Code requires the Crown, where it seeks to enter a certificate of analyses of breath samples as evidence at trial, to prove that a copy of the certificate was given to the accused along with notice of the Crown's intention to rely upon the analyses: Criminal Code, s. 258 (7).

In those cases, the Criminal Code requires that the accused be taken before a justice within 24 hours of arrest.

Section 718.2 (a) of the Criminal Code requires judges to increase or decrease the sentence in a particular case based on the mitigating and aggravating factors presented by the defence and Crown attorney's.

At sentencing, B.C. Supreme Court Justice Elliott Myers asked the jury — as the Criminal Code requires — to provide a recommendation on the period of parole ineligibility (between the minimum of 10 years and maximum of 25).

The Criminal Code required — and continues to require — an arrested person to be brought before a justice within 24 hours or as soon as practicable.

Back in February, I wrote about the Court of Québec's judgment in R. v. Cloud, 2014 QCCQ 464, in which Justice Patrick Healy sharply criticized the «victim surcharge» which recent amendments to the Criminal Code require courts to impose in all criminal cases on top of any other sentence.

Not exact matches

«These men and women are criminals, complicit in light of day defiance of the Uniform Code of Military Justice through unconstitutional proselytism, discrimination against the non-religious and establishing formal policies to reward, encourage and even at times require sectarian religious participation.

Each volunteer must submit to a criminal background check and is required to sign a code of conduct form and abide by those principles.

As expected, Governor McAuliffe again vetoed the so - called «Tebow» bill to allow homeschoolers to participate in VHSL activities, as well as the «sexually explicit» bill, which would require that notification be made to parents if a reading assignment contains sexually explicit portions recounting acts defined in Code as felony / criminal assault.

Federally, improvements to Canada's Criminal Code are required to help authorities prosecute the worst offenders.

Introduced by MP Nathaniel Erskine - Smith, the bill included basic measures to strengthen the animal welfare provisions in our Criminal Code, stop Canadian trade in products of shark finning and cat and dog fur, and require labeling of fur products by species.

14 This was an important consideration in the context of that case which dealt with whether a person whose driver's licence was suspended by the province could be convicted under the Criminal Code of driving while disqualified, as it was then worded, for driving in a parking lot which the court held did not require a licence.

Section 718.2 (a) of the Criminal Code states that judges in criminal cases are requires to either increase or decrease an offenders sentence based on the aggravating and mitigating factors in tCriminal Code states that judges in criminal cases are requires to either increase or decrease an offenders sentence based on the aggravating and mitigating factors in tcriminal cases are requires to either increase or decrease an offenders sentence based on the aggravating and mitigating factors in the case.

[3] Our task on this appeal is to determine whether the Criminal Code defines consent as requiring a conscious, operating mind throughout the sexual activity.

«Under section 696.5 of the Criminal Code, the Minister of Justice is required to submit an annual report to Parliament regarding applications for ministerial review (miscarriages of justice) within six months of the end of the fiscal year.

«Instead of carefully reviewing the evidence in the case in order to determine whether or not the Crown had, in fact, established that the appellant possessed the specific intent of wilfulness required by s. 173 (1) of the Criminal Code, the trial judge erroneously convicted the appellant based upon a perceived (but non-existent) legal presumption that the necessary wilfulness was established by the fact that his acts of masturbation were in fact witnessed by another,» he wrote.

[13] The threshold question on this appeal is whether the justice of the peace who issued the search warrant acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.

The more obvious laws that apply, whatever the choice of law is are section 347 of the Criminal Code, the Interest Act and any legislation requiring, say, a licence or registration.

The court affirmed the order of the trial judge requiring the disclosure to be made relying on article 402 of Quebec's Code of Civil Procedure, CQLR c. C - 25 in conjunction with the exceptions to the protection of privacy in s. 193 of the Criminal Code.

The PA Code requires a District Attorney to approve all private criminal complaints.

The importance of restorative programs is part of our Criminal Code, and judges are required to consider their use during the sentencing process for many cases.

s. 490.012 of the Criminal Code sets up the mechanism by which convicted sexual offenders are required to register with the SOIRA database.

The Criminal Code sets out a number of elements required for an individual to be guilty of the offence failure to comply:

Similarly, in Alex v. Allen the federal district court indicated that the flexibility required to control the conduct of children allowed for student codes to use terminology broader than criminal statutes.

This is my decision on the defence application to have me find unconstitutional the minimum three year period of imprisonment imposed upon conviction for firearms trafficking required by Section 99 (2) of the Criminal Code of Canada and my reasons for sentence for that offence and three counts of trafficking in cocaine.

This reference required the Court to determine whether s. 293 of the Criminal Code (the «Polygamy Provision») is constitutional, including whether the provision can be interpreted to ensure that it is constitutionally valid.

That is the result of: （ 1 ） our lives becoming more technology - dependent, especially electronic records dependent, which requires more legal infrastructure to control the use of that technology; and, （ 2 ） demands that the rule of law be made to apply in many new areas such as, the great expansion of the scope of rights and freedoms caused by the Canadian Charter of Rights and Freedoms which now produces issues in every field of law, and by environmental, privacy, and electronic commerce laws, and a greatly expanded Criminal Code.

Next, the Criminal Code explicitly requires that information or evidence relating to the specific circumstances of the accused be taken into account in determining the terms of the sentence.

He allowed the accused to introduce evidence of the complainant's previous sexual activities with someone else — more specifically her efforts to rebuff that person's sexual advances — without conducting the required application under section 276.1 of the Criminal Code.

The majority thus concluded that the meaning of bestiality in the Criminal Code had always (and thus continued) to require penetration as an element of the offence.

The Appellant's Position 9 The appellant submits that the learned trial judge erred in law in holding that the Crown had not established that Constable Watson was a qualified technician defined by s. 254 (1) and s. 2 of the Criminal Code of Canada and required by s. 258 (3).

A separate direction is provided for cases where sexual history evidence was allowed under section 276 of the Criminal Code (see chapter II.7.20 and chapter III.11.20) and it merely requires judges to instruct juries that «You must not use that evidence [of the complainant's sexual history] to infer that [s / he] is more likely to have consented to the sexual activity that forms the subject matter of the charge or to infer that s / he is less worthy of belief as a witness.»

At issue is when the «Qualified Technician» has not been designated by the Attorney General as specifically required in the Criminal Code, but rather by the «Minister of Community Safety and Correctional Services» — is that fatal to the Crown's case and could be used as a valid defense?

The Criminal Code of Canada requires that every parent, foster parent, or guardian is required to provide necessaries of life for a child under the age of 16 years of age.

Judges can issue discretionary weapons prohibitions under Section 110 of the Criminal Code; if a listed offence is involved and an application is made, the judge can, but is not required to, make a weapons prohibition order.

2 The test for committal under s. 548 (1) of the Criminal Code was settled by the Supreme Court of Canada a generation ago in United States v. Shephard (1976), 30 C.C.C. (2d) 424 (S.C.C.), where it was stated that a preliminary inquiry judge is required to commit an accused for trial when there is admissible evidence which, if it were believed by the trier, could justify a finding of guilt.

The anticipated focus of these submissions is on the definition of «sexual activity» at s. 273.1 (1) of the Criminal Code, a substantive equality analysis on the meaning of consent, and observations on the procedure required by s. 276 of the Criminal Code.

These specific terrorist offences in the Criminal Code simply do not require clarification or a separate offence to extend to terrorist offences that do not specify the exact manner or nature of the offence.

A peace officer who charges a person under s. 215 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.

A peace officer who charges a person under s. 219, 220, 221, 249.2 and 249.3 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.

The legal presumption is that co-accused will be tried together unless the interests of justice require their separation (see Criminal Code s. 591 (3); R. v. Suzack, (2000), 141 C.C.C. (3d) 449 (Ont.

The grammatical and ordinary sense of the words used in s. 233 of the Criminal Code supports the conclusion the legislator did not intend to restrict the availability of infanticide to situations where the psychological health of the woman was substantially compromised or where a mental disorder was established; the statutory language also shows there is no requirement for a causal connection between the disturbance of the accused's mind and the act or omission causing the child's death; but there is, however, a required link between the disturbance and not having fully recovered from the effects of giving birth to the child or of the effect of lactation consequent on the child's birth ̶ in either case the disturbance must be «by reason thereof».

The Criminal Code contains numerous offences relating to the possession and use of various types of weapons including firearms, as well as requiring courts to increase sentences for numerous offences if the Crown proves that a weapon or firearm was used.

The trial judge applied R. v. McManus, (2006), 214 O.A.C. 77, and required proof the airgun was a «weapon», as defined in s. 2 of the Criminal Code.

The cop requires reasonable and probable grounds to demand a breath test under criminal code s. 254 before a charge is laid and before a licence suspension is issued.

As I understand what you've written, you're saying that since Canadian criminal law analysis requires both the proscribed act and the requisite mental state for a Criminal Code conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections icriminal law analysis requires both the proscribed act and the requisite mental state for a Criminal Code conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections iCriminal Code conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections involved.

There are certain offences for which the Criminal Code directs that the accused show why their detention in custody is not required pending trial.