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A CBO can be issued following a conviction for any criminal offence in the Crown Court, a magistrates' court or a youth court. There is great discretion on the content of the order. A CBO can prohibit the offender from doing anything described in the order or require the offender to do anything described in the order or both. [1]
If an individual is subject to a probation order and subsequently convicted of a different offence and receives a sentence which results in imprisonment for over two years, the probation order is not voided. [24] The maximum length of a probation order is 3 years. [24] A probation order will require the defendant to comply with a number of ...
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and ...
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act. The Code ...
The Youth Justice Court prescribes these conditions as an order so the young person will learn to be of good behaviour and appear before the youth justice court when required to do so. Probation is the sentence most frequently imposed by youth justice courts in Canada, as the conditions laid out are directly related to the young offenders ...
A conditional sentence is a custodial sentence. However, the accused is ineligible for remission. Typically accused persons sentenced to custody are given a one-day reduction for every two days served, provided the accused is of good behaviour and follows the institutional rules (see sec. 6 of the Prisons and Reformatories Act).
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The Court then proposed a two part test to determine whether the first proceeding was in relation to a criminal matters and therefore invoking section 11(h). First, it must be determined whether the matter is of a "public nature, intended to promote public order and welfare within a public sphere of activity".