Sentences with phrase «summary convictions which»

Criminal offences under Canada's criminal code are divided into three kinds: indictable offences which are the more serious offences and which carry longer terms of imprisonment, summary convictions which are the less serious offences usually punishable by less than 2 years imprisonment and hybrid offences which can be prosecuted as either indictable or summary.

Not exact matches

«My point is that any summary conclusion jumping from our conviction of the existence of such an order of nature to the easy assumption that there is an ultimate reality which, in some unexplained way, is to be appealed to for the removal of the perplexity, constitutes the great refusal of rationality to assert its rights.»

[4] Under the new rules, which continue to apply today, summary convictions appeals from decisions of provincially appointed judges are almost invariably made on the basis of the existing record.

When offences have mandatory minimum penalties, the report notes, Crown election provides some discretion for prosecutors to pursue proportionate sentencing for less serious cases by electing to proceed by summary conviction — especially where an offender agrees to plead guilty — which some have argued increases the discretionary power of prosecutors.

hen offences have mandatory minimum penalties, the report notes, Crown election provides some discretion for prosecutors to pursue proportionate sentencing for less serious cases by electing to proceed by summary conviction — especially where an offender agrees to plead guilty — which some have argued increases the discretionary power of prosecutors.

The offence is governed by s. 162.1 of the Criminal Code which provides (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct is guilty of (a) of an indictable offence and liable to imprisonment for a term not more than five years; or (2) of an offence punishable on summary conviction.

Adjudication (3) The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears,

Currently, it is an offence punishable by a fine of up to # 5,000 on summary conviction or unlimited on conviction on indictment, under s 55 of the Act for anyone «to sell or offer to sell personal data which has been (or is subsequently) obtained / procured knowingly or recklessly without the consent of the data controller».

This conclusion was reversed by a summary conviction appeal court, and partially reversed again by the Court of Appeal, which ordered a new trial.

The Summary Conviction Appeal Court Judge agreed the officer should have removed himself from the home and sought lawful authority to conduct the search which resulted in the seizure of the accused's firearms.

As recently demonstrated by the pending Greek prosecution of former Johnson & Johnson employees, which includes the prosecution of one individual, Robert Dougall, notwithstanding his 2010 prosecution by the SFO and conviction and sentence, [13] no settlement can confer an absolute guarantee against further proceedings in any jurisdiction — particularly not in jurisdictions where there is no limitation period for criminal offences (as in the United Kingdom, other than for summary offences).

Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.

Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.

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.

For example, the B.C. Health Professions Act stipulates that while a Registration Committee can impose limits or conditions (or refuse to grant registration) where an applicant has committed an indictable offence (i.e., something more serious than a summary conviction offence), the Registration Committee must be «satisfied that the nature of the offence or the circumstances under which it was committed give rise to concerns about the person's competence or fitness to practise the designated health profession.»

A person who fails to attend and remain for the duration of the follow - up assessment, without good cause, commits an offence for which they are liable on summary conviction to a sentence of imprisonment (for a term not exceeding three months) or to a fine not exceeding level four on the standard scale, or to both.

Mr. Cloud, the accused, had not challenged the constitutionality of the surcharge, but Justice Healy was convinced of its arbitrariness and disproportionality, and decided to minimize its effects by imposing a nominal fine on Mr. Cloud, which resulted in the surcharge being calculated as a percentage of the fine (and thus a very small amount) rather than at 100 $ per summary conviction offence and 200 $ for an indictable offence.