![]() ![]() 110 of the YCJA or young victims under s. There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 486.5(1) where it is "necessary" for the "proper administration of justice". 362(2) of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.įor all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 515(6)(b)).Ī peace officer who charges a person under s. where the accused is not "ordinarily a resident in Canada" (s.where the offence involved a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s."for the benefit of, at the direction of, or in association" with a criminal organization (s.a reverse onus) if the offence, prosecuted by indictment, was committed: 503, there will be a presumption against bail (i.e. If police decide to bring the accused before a Justice pursuant to s. He can also be released by a justice under s. 498 or 499 on an undertaking with or without conditions. If arrested, he can be released by the arresting officer under s. 362(2)(a), the accused can be given a judicial summons without arrest. 362(2)(b), the accused can be given an appearance notice without arrest under s. 536(2) to trial in provincial court, superior court with a judge-alone or superior court with judge-and-jury. There is a Defence election of Court under s. It must be tried by a provincial court judge. 553(a) and so does not have a defence election of court. 362(2)(b) are absolute jurisdiction offences under s. Offences relating to obtaining property by false pretences are found in Part IX of the Criminal Code relating to "Offences Against Rights of Property". Court only (under)Ģ years less a day jail and/or a $5,000 fine (from Sept 19, 2019) Summary proceedings must initiate within 12 months of the offence (786(2)) ![]()
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