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Criminal Offence Penalty Chart
How to Understand the Criminal Offence Penalty Chart The following criminal offence penalty chart has been published with permission from Ron Jourard, criminal lawyer. Determining whether a particular offence has been prosecuted by summary conviction or indictment requires a review of the actual court documents as the Criminal Code of Canada has been amended several times. Whether an offence is summary, indictable, or hybrid (meaning it can be tried summarily or by indictment), is determined by the law at the time the charge was laid. The Chart below offers a general guideline but may not apply to your particular situation.[...]
Can I Travel with a Criminal Record?
What you Need to Know Before you Travel with a Criminal Record Visiting Canada with a Criminal Record Eliminate Obstacles Caused by Having a Criminal Record Do you want to visit Canada? You may be inadmissible if you have a criminal record. To gain legal entry into Canada, here are your options: #1. Obtain a Record Suspension if your criminal record is in Canada. Click here to learn more about Record Suspensions (Previously called Pardons) OR, for a Free Consultation on Record Suspensions, click the "Free Consultation" button at the bottom of this page. #2. Apply for Criminal[...]
Book Review: Crime in Canada
Crime in Canada – It’s Not What you Think! Crime in Canada The book, Crime in Canada, provides an overview of statistics which challenge our perceptions. I have no doubt that the voting public, even victims of crime, would have a different view of tough on crime legislation if they read this book, which favors instead the gradual release from prison and community-based rehabilitation programs. They would learn that ‘tough on crime’ legislation will have the opposite unintended effect, contrary to the interests of the people it was intended to protect—the victims! Learning that programs which address[...]
Do I Need a Waiver for Obstruction of Justice?
Obstruction of Justice Question of the Day: Is Obstruction of Justice an Excludable Offence? I pled guilty to an obstruction charge today in hopes of a getting a discharge. I was not given the discharge, but a $500.00 fine instead. Will this affect my travel to the United States? I usually travel there 1 or 2 times a year. It was tried summarily. I was caught driving without insurance and gave an officer a false name. My lawyer figures we could appeal the sentence as he still figures I should have gotten a discharge. Not that having a criminal record[...]
Grounds of Inadmissibility: Spousal Assault
Is Spousal Assault an Excludable Offence to the United States? I have been processing waivers for over 25 years. It used to be that spousal assault was determined to be an excludable offence if one of the following conditions occurred: the offence was tried by indictment; or the person in question had 2 or more spousal assaults. When I refer to spousal assaults, I am referring to simple assault or common assault, which is currently section 266 of the Criminal Code of Canada (in prior years sections could have been different). This 'fact' was based upon a written internal memo[...]
Pardon Processing Times
UPDATED December 26, 2013 Pardon Processing Times Have Ballooned to 38 Months! Status Update for Backlog of Pardon Applications These pardon processing times apply to applications submitted under the old Pardon Rules (between July 2010 and February 22, 2012). As of December 2012: There were an estimated 22,000 outstanding applications; and The Parole Board of Canada hired and trained 22 people in December 2012 to help work on the backlog. As of March 2013: The Parole Board of Canada (PBC) is currently processing the following applications: Summary Only Offences: Accepted in March 2011 Indictable Only Offences: Accepted in September 2010[...]
