Sentences with phrase «early parole act»

Applying the Abolition of Early Parole Act (No Pressing / Substantial Reason Re: Retrospectivity)

Keywords: Charter; Sections 1, 11 (i); Meaning of «Punishment»; Abolition of Early Parole Act; Retrospective Application; Pressing and Substantial Objective

The Supreme Court ruled against part of Canada's anti-prostitution laws in the Bedford ruling at the close of 2013, and held that a section of the Abolition of Early Parole Act was unconstitutional.

The respondents characterized retrospective application of the Abolition of Early Parole Act as «punishment».

Quoting Whaling, the Ontario Court of Appeal found that the retroactive application of the Abolition of Early Parole Act conflicted with both Section 11 (h) and (i) of the Charter.

All except Ms. Craddock committed their offences before the Abolition of Early Parole Act came into effect and were sentenced afterwards.

Offenders who were convicted and sentenced after the enactment of the Abolition of Early Parole Act are entitled to the previous «accelerated parole review» regime.

Extended incarceration is an «objectively ascertainable effect» of changes to the parole system under the Abolition of Early Parole Act — crucially, the British Columbia Court of Appeal found that the change occurred between the time of the offences and the time of sentencing.

Significantly, Whaling was a Section 11 (h) case in which the Supreme Court of Canada was asked to consider whether automatically lengthening the incarceration period under Section 10 (1) of the Abolition of Early Parole Act constituted additional punishment.

The Attorney General failed to establish that ``... retrospective application of the Abolition of Early Parole Act serves a pressing and substantial government objective, is rationally connected to that objective, minimally impairs the Charter right, and that its salutary benefits outweigh its detrimental effects.»

There is a bill currently making its way through Parliament to address these types of issues entitled Bill C - 56 An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act.

Not exact matches

Criminal Law: Pre-Sentence Credit R. v. Carvery (N.S.C.A., Oct. 3, 2012)(35115) Ineligibility for early release / parole may justify pre-sentence credit under the Truth in Sentencing Act.

When he was sentenced, accelerated parole provisions of the Corrections and Conditional Release Act allowed for early parole after serving one - sixth of the sentence.

R. v. Carvery, 2012 NSCA 107 (35115) Ineligibility for early release / parole may justify pre-sentence credit under the Truth in Sentencing Act.