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Short title: Microsoft Word - Mangione Indictment - FINAL as filed; Author: kaplanz: Software used: PScript5.dll Version 5.2.2: File change date and time
A Gladue Report, for the purposes of sentencing, may be ordered by the court to provide information related to an Individual's Indigenous heritage for the purposes of s.718.2(e). A Gladue Report is an Indigenous specific form of a Pre-Sentence Report, a report typically ordered to inform the court of the background of an individual prior to ...
For example, if there is a minimum sentence of imprisonment, the court cannot use the Gladue Principle to impose a sentence lower than the minimum. However, courts have considered the Gladue Principle in determining the constitutionality of minimum sentences which are set by the Crown, depending on whether the Crown elects to serve a notice of ...
Section 718 of the Criminal Code sets out the purposes of sentencing [6] and acts to protect society and to contribute, along with crime prevention initiatives, respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that include one or more of a codified list of sentencing objectives, [7] as follows:
Another example of this more general kind of defence is the "i.d. defence", which is really just an assertion by the accused that the Crown has failed to prove the identity of the perpetrator of a crime beyond a reasonable doubt. There are many other examples of this kind of defence.
The Immigration Act, 1976, insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Pushpanathan v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada on the standard of review in Canadian administrative law. The Court held that a decision of the Immigration and Refugee Board should be reviewed on the standard of "correctness."