LAWS 2302 Lecture Notes - Lecture 7: Extenuating Circumstances, Victims Family, Presentence Investigation Report
18 Feb 2017
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Document Summary
From the headlines trudeau gov"t studies options to fix broken bail system. Federal government contemplating reforms to bail system. Growing fear of letting people out on bail many people in jails that have not been convicted of anything. Recommendation = new legislative framework that presumes innocence and does not detain anyone unless the crown demonstrates a need to do so. Problem includes both the procedure for determining whether someone gets bail as well as remand (detention of accused people awaiting bail decision) S. 718 of criminal code gives judges some direction with sentencing. Basic idea = appropriate sentencing promotes respect for law and the maintenance of a just, peaceful, and safe society. Along with those principles of sentencing set out i criminal code s. 718-718. 2 is the principles of proportionality. Constitutional aspect confirmed in r. v. ipeelee proportionality has charter s. 12 and s. 7 implications.
