Sentences with phrase «meet the threshold burden»

The impugned act of prosecutorial discretion may be sufficient on its own to meet the threshold burden.

Not exact matches

Before a court will review prosecutorial discretion, an accused must meet a threshold evidentiary burden.

While it is clear from Nixon that a «bare allegation» on its own will not meet the requisite threshold, it does not follow that an accused must produce extrinsic evidence (i.e. evidence extrinsic from the settlement offer itself) in order to meet the burden.

[29] I am mindful of the Supreme Court's admonition «to apply the framework contextually and flexibly for cases currently in the system,» but nonetheless find that the case is clearly over the presumptive threshold for cases in the Provincial Court and the Crown has not met its burden to establish the presence of exceptional circumstances... [more]

[45] In explaining how I reach this conclusion, I first outline the approach to the review of prosecutorial discretion, including the threshold evidentiary burden that must be met by an accused person alleging an abuse of process based on the improper exercise of prosecutorial discretion.

This is because the «burden of proof» in a criminal trial is different than in a civil trial: even if the Crown at a criminal trial could not prove that an assault occurred «beyond a reasonable doubt» (which is an extremely difficult threshold to meet), we may still be able to prove that it occurred on a «balance of probabilities» (which means that there is a greater than 50 % chance that the assault occurred).

Wikipedia's All Writs Act article suggests, (referencing this paper) that the All Writs Act can only be invoked IF AND ONLY IF the threshold Burden of Proof is met — that there are no other «judicial tools» available.

3.2 That the Native Title Act be amended to provide for a shift in the burden of proof to the respondent once the applicant has met the relevant threshold requirements.