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Bail in Canada. Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal ...
Grand jury. A grand jury is a jury —a group of citizens —empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its ...
Right to be informed of the offence. Section 11 (a) provides that. 11. Any person charged with an offence has the right. (a) to be informed without unreasonable delay of the specific offence; The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code as well as legal tradition. [1]
In full, section 12 reads, 12. (1) Everyone has the right to freedom and security of the person, which includes the right. (a) not to be deprived of freedom arbitrarily or without just cause; (b) not to be detained without trial; (c) to be free from all forms of violence from either public or private sources;
Jury nullification, also known in the United Kingdom as jury equity [1] [2] or a perverse verdict, [3] [4] is when the jury in a criminal trial gives a verdict of not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, [5] [6] that the prosecutor has misapplied ...
The Tax Court of Canada has a very specialized jurisdiction. It hears disputes over federal taxes, primarily under the federal Income Tax Act, between taxpayers and the federal government. Also, for most people that live in Canada, it is the Tax Court's power to hear appeals under the Income Tax Act. The Tax Court has the jurisdiction to hear ...
If the preliminary inquiry judge rules that the Crown prosecutor has satisfied this standard, the Court commits the accused to stand trial. The Crown prosecutor then files an indictment, which is the formal charge to begin the trial, normally in the superior trial court. The indictment is based on the charges originally set out in the information.
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada . A judge sentences a person after they have been found guilty of a crime. After a determination is made about the facts being relied on for sentencing, and hearing from both the Crown and the defence ...
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