What must a judge consider when imposing a sentence?

Charter, Defence submission, pre-sentence report, accused criminal record, plea bargain, public opinion, availability of resources, pre-trial custody, guilty plea, precedents, sentencing principals, community, Criminal Code, parole rules, victim impact statement, penitentiary/reformatory, crown. - 17 different things.

Parliament statement regarding appropriate sentencing

Appropriate sentencing promotes respect for the law and maintenance of a just, peaceful, and safe society. Section 718

Main goal of sentencing

Deterrence, rehabilitation, retribution, segregation

2 years less a day, no minimum sentence-judge may impose?

A fine

Peace Bond

Is a court order requiring a person to keep the peace and be of good behaviour for up to 12 months.

Conditional discharge

A sentence in which the offender is found guilty, no conviction is recorded and the offender has to meet certain expectations (e.g. probation orders) in order to avoid a record and a new sentence.

Maximum imprisonment for summary conviction

6 months

criminal injuries compensation fund

Has existed since 1973. Financed by the provincial and federal government. This fund uses public money to compensate a person who is injured in some was when a crime is committed, or when he or she is assisting an officer making an arrest, makes a citizens arrest, or tries to prevent crime. Victims sometimes turn to the fund because the criminal has no money or has not yet been caught.

victim of crime rights

In 1985 the United Nations General Assembly approved a charter of victims rights. It provides the basis for similar documents in some provinces and territories. In most provinces, victims can obtain some support services at the time of the offence. Some services are offence-specific, such as a sexual assault crisis centre. Others provide assisstance to all victims of crime. 24 hour crisis and support lines and victim/witness assistance programs.

extrajudicial sanctions

Diversion programs for young offenders who are non-violent, first time offenders, and unlikely to reoffend, Designed to keep them out of the court system; also called alternative measures program

who has access to youth court records

Victims, schools and police have access to youth justice court records.

adult responsibilities when supervising youth offender

Parents are encouraged to be there through the entire legal process. Because their role is so important, a judge can order parents to attend hearings. Parents who do not appear maybe found in contempt of court and the judge can issue a warrant for their arrest. Any parent or adult who promises the court to supervise a youth placed in his or her care and who deliberately fails to carry out these duties can face criminal charges.

representation under ycja

A youth can be represented by a legal-aid lawyer.

trials conducted by ? under ycja

Judge - There are NO judge and jury trials with youth

sentencing in youth court

Youths found guilty used to be given dispositions but now they have straight sentences.

common sentences in youth court

Fines

small claims court

Also known as the “people’s court”. They discourage lawyers. Cases are tried informally by a judge without a jury.

civil trial jury

Consists of 6 jury members, except in small claims court. Not a common practice.

injunctions

A court order directing a person to do or not do something for a specific time period.

meditation and arbitration

Deals with Labour legislation. If a labour dispute involves workers who provide essential services to the public, the government may impose a mediator. The Mediator will make recommendations, which are often made public. If both sides rejects the mediators report, the parties can request that an arbitrator be appointmed. The parties may have to agree in advance to binding arbitration, which means that the arbitrators decision will be final.

balance of probabilities

The basis of the greater likelihood; The degree of proof necessary in a civil action, in comparison with proof beyond a reasonable doubt in criminal cases

legal obligations of taverns and drunken patrons

Bars and tavern employees must observe if theif customers are intoxicated and take steps to prevent them from driving. Restaurant and bar owners now have a specific duty of care and must take positive steps to prevent intoxicated customers from driving, or they will be held liable for any resulting injuries to third parties.

collective agreement

the contrast resulting from collective bargaining between a union an a employer

employee age limitations

16 is the minimum age which youth can work full time

Canada labour code

The main federal employment statute, it affects only 10% of employees in canada.

Affirmative action

programs that seek employment equity to increase employment opportunities for groups that have historically experienced discrimination in certain jobs.

Common law of employment is interpreted by the

Who is responsible for weeds on property

the homeowner municipal by-law

Can a tenant repair and deduct cost from rent

yes but the repairs must be required, and not overpriced or the tenant is liable

family mediators

are usually social workers, psychologists,lawyers, they resolve conflicts between spouses once they have decided to divorce

separation-

is an intermediate step between marriage and divorce

Annulment

is a court order stating that two spouses were never legally married

marriage and divorce

75% of people will re-marry after divorce

duty of care

a legal obligation, your actions must not cause harm to people or to their property

voluntary assumption of risk

willing acceptance of a possibility of harm of suffering, you are making a choice to assume that risk (defence for negligence)

false imprisonment

involves confining of restraining a person without consent in a specific area