For
other indictable offences, like first degree murder, the accused may elect to have a trial by judge alone only with the consent of the Crown Attorney.
The Crown seeks an order committing the accused to stand trial on all of the charges, as well as on additional charges of threatening death and extortion that, it is alleged, are
other indictable offences disclosed by the evidence in respect of the same transactions as those already encompassed by certain charges in the information.
Inquiry by justice 535 If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536 (4) or 536.1 (3), the justice shall, in accordance with this Part, inquire into the charge and
any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
Where a person has been arrested for an indictable (formerly an arrestable) offence, s 18 (1) of the Police and Criminal Evidence Act 1984 (PACE 1984), as amended by the Serious Organised Crime and Police Act 2005, empowers the police to enter and search any premises «occupied or controlled» by the person under arrest where the relevant officer has reasonable grounds for suspecting that he will find on the premises evidence relating to the indictable offence for which the person has been arrested, or evidence relating to
some other indictable offence which is connected with or similar to that offence.
In 2016, the CRA implemented a national policy to ensure persons charged with offences associated with tax evasion, fraud, laundering the proceeds of crime, or
other indictable offences under the Income Tax Act, Excise Tax Act, or the Criminal Code are consistently fingerprinted.
• Sections 239 (1), 239.1, and 239 (1.1) of the Income Tax Act • Sections 327 (1) and 327.1 of the Excise Tax Act • Sections 380 (Fraud), 462.31 (Laundering the proceeds of crime) or
other indictable offences under the Criminal Code that may be applicable in a tax evasion prosecution.
Not exact matches
There are some legal situations that absolutely require a lawyer's assistance:
indictable criminal charges, refugee and asylum claims, child protection matters, and
others.
Under section 839 of the Companies Act 2014, where a person has been convicted of an
indictable offence in relation to a company, or convicted of an offence involving fraud or dishonesty, that person may not be appointed to, or act as, an auditor, director or
other officer, receiver, liquidator or examiner or be in any way, whether directly or indirectly, concerned or take part in the promotion, formation or management of any company.
4 The second conspiracy count alleged that D had conspired with
other named but unindicted co-conspirators, including the
other appellants as well as Rhodes and Dam, during a three - month period ending in late June 2002 «to commit the
indictable offence of robbery by conspiring to plan, prepare and execute a series of home invasion style robberies».
If the offence was committed in relation to any place
other than a dwelling house the maximum penalty is imprisonment not exceeding ten years for an
indictable offence or an offence punishable on summary conviction (maximum fine of $ 5,000 or six months in jail or both).
Every one who, by means of any electro - magnetic, acoustic, mechanical or
other device, wilfully intercepts a private communication is guilty of an
indictable offence and liable to imprisonment for a term not exceeding five years.
Summary conviction appeals are usually less costly than
indictable appeals because, among
other things, there is only one rather than three or five judges who must be provided with complete copies of all transcripts.
You can apply for a pardon if 3 years has passed since completing the sentence for a summary offence, 5 years for an
indictable offence and you have not had any
other new charges or convictions during the 3 or 5 years.
It enacts as follows: 430 (4) Every one who commits mischief in relation to property,
other than property described in subsection (3), (a) is guilty of an
indictable offence and liable to imprisonment for a term not exceeding two years; (b) is guilty of an offence punishable on summary conviction.
548... Endorsing charge (2) Where the justice orders the accused to stand trial for an
indictable offence,
other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial.
Unlike many of the
other sexually based offences outlined in the Criminal Code, incest can only be prosecuted as an
indictable offence, meaning the Crown prosecutor has no discretion.
Murder during terrorist activity (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an
indictable offence under this or any
other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.
Joinder or Severance of Counts Count for murder 589 No count that charges an
indictable offence
other than murder shall be joined in an indictment to a count that charges murder unless
The Criminal Code prohibits importing into Canada (whether by wire transfer or
other means), of any property (which includes funds) or proceeds thereof obtained or derived from an
indictable offence that occurred anywhere, whether in Canada, China or the Middle East.
178.11: (1) Every one who, by means of an electromagnetic, acoustic, mechanical or
other device, wilfully intercepts a private communication is guilty of an
indictable offence and liable to imprisonment for five years.
Again, and you did touch on it, for those individuals who find themselves convicted of a crime in this country, there is the fine option program available in seven of the provinces, which allows people to find
other ways of contributing and dealing with their inability to pay the fine or the surcharge of the fine or the surcharge on their criminal conviction for a summary or
indictable offence.
Every one who, by means of any electro - magnetic, acoustic, mechanical or
other device, wilfully intercepts a private communication is guilty of an
indictable offence and liable
If, on the
other hand, your case was an
indictable matter, the appeal will actually be heard by the Superior Court of Ontario, also in downtown Toronto, no matter where you are in the province.
(xii) paragraph 348 (1)(e)(breaking and entering a place
other than a dwelling house with intent to commit an
indictable offence), and
(1) Every person is guilty of an
indictable offence and is liable to a term of imprisonment for life who (a) carries out a nuclear weapon test explosion or any
other nuclear explosion for the purpose of developing qualitative improvements in nuclear weapons or developing new types of nuclear weapons...
Unfortunately, the
other is the extreme, and that's where we need to have the
indictable offence section.