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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
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Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge. | Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge. | ||
A judge has no discretion in the decision of Crown Counsel to enter a stay of proceedings (''Criminal Code'', s 579). The Crown may enter a stay of proceedings either before or during the trial. See [[Resolving Criminal Matters Prior to Trial (1: | A judge has no discretion in the decision of Crown Counsel to enter a stay of proceedings (''Criminal Code'', s 579). The Crown may enter a stay of proceedings either before or during the trial. See [[Resolving Criminal Matters Prior to Trial (1:VI) | Section VI: Resolving the Matter Prior to Trial]], above, for more information. | ||
:'''NOTE:''' At trial, the accused may instead ask Crown to call no evidence rather than enter a stay of proceedings, in which case the accused is acquitted due to a lack of evidence. This decision is solely within the discretion of Crown Counsel. An acquittal is preferable to a stay of proceedings as the accused's record will be removed immediately rather than remain as a 'pending charge' for one year. | |||
Any person who wishes to have a stay of proceedings entered should do so with advice of counsel. Complainants should be careful with regards to what is said to Crown. The complainant could potentially cause charges to be brought against them if they tell Crown that they will not testify even if summoned, or that they initially lied to the police. | Any person who wishes to have a stay of proceedings entered should do so with advice of counsel. Complainants should be careful with regards to what is said to Crown. The complainant could potentially cause charges to be brought against them if they tell Crown that they will not testify even if summoned, or that they initially lied to the police. | ||
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Admissibility to the U.S.A. is determined in accordance with the ''Immigration and Nationality Act'' (1952), Public Law No 82-414, 66 Stat 163) ("INA"). Section 212(a)(2)(A) of the ''INA'' states that a person is inadmissible if he or she commits a crime involving "moral turpitude" (i.e. shocks the public conscience; see ''Wing v United States'' 46 f2d 755 (7th Cir 1931) for a detailed definition), or violates any law relating to a controlled substance (as defined in section 102 of the ''Controlled Substances Act'' (21 USC 802)). A person is also inadmissible to the United States if he or she commits two or more criminal offences whose convictions have an aggregate sentence of five years or more. Finally, an immigration officer can deny entry into the US if he or she has "reason to believe" that the individual has committed drug trafficking, prostitution, or money laundering offences. | Admissibility to the U.S.A. is determined in accordance with the ''Immigration and Nationality Act'' (1952), Public Law No 82-414, 66 Stat 163) ("INA"). Section 212(a)(2)(A) of the ''INA'' states that a person is inadmissible if he or she commits a crime involving "moral turpitude" (i.e. shocks the public conscience; see ''Wing v United States'' 46 f2d 755 (7th Cir 1931) for a detailed definition), or violates any law relating to a controlled substance (as defined in section 102 of the ''Controlled Substances Act'' (21 USC 802)). A person is also inadmissible to the United States if he or she commits two or more criminal offences whose convictions have an aggregate sentence of five years or more. Finally, an immigration officer can deny entry into the US if he or she has "reason to believe" that the individual has committed drug trafficking, prostitution, or money laundering offences. | ||
:'''NOTE:''' A conviction as defined in s 101(a)(48)(A) of the ''INA'' includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences would be considered as convictions. Consult Chapter 18 – Immigration Law for more information. | |||
==== b) Elimination of records ==== | ==== b) Elimination of records ==== | ||
All youth convictions are sealed at the time the person turns 18 years old. However, if a person is found guilty of an adult ''Criminal Code'' offence within 3 years following the completion of a sentence for a criminal youth summary conviction offence or within 5 years of completion of a sentence for a criminal youth indictable offence then their youth record is re-opened and remains part of the person's permanent record under youth convictions. | All youth convictions are sealed at the time the person turns 18 years old. However, if a person is found guilty of an adult ''Criminal Code'' offence within 3 years following the completion of a sentence for a criminal youth summary conviction offence or within 5 years of completion of a sentence for a criminal youth indictable offence then their youth record is re-opened and remains part of the person's permanent record under youth convictions. | ||
:'''NOTE:''' The time calculation under this section of the Youth Court Justice Act is complicated. As such occasionally mistakes are made and if you see a Youth Record as part of a client’s criminal record the time requirements for re-opening that youth record should be double checked. | |||
A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. | A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. | ||
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The Parole Board of Canada (PBC) charges $631 to process a record suspension application (certified cheque, bank draft or money order, payable to the Receiver General of Canada). You are also responsible for additional fees related to getting the following: fingerprints, copy of your criminal record, court documents, and local police record checks. | The Parole Board of Canada (PBC) charges $631 to process a record suspension application (certified cheque, bank draft or money order, payable to the Receiver General of Canada). You are also responsible for additional fees related to getting the following: fingerprints, copy of your criminal record, court documents, and local police record checks. | ||
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