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Life Imprisonment In Canada
Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations. A person serving a life sentence must serve for a certain length of time before becoming eligible for parole. First degree murder and high treason carry the longest period of parole ineligibility in the ''Criminal Code'', at 25 years. Parole ineligibility for second degree murder typically varies between 10 and 25 years, and is set by the sentencing judge. A life sentence is the most severe punishment for any crime in Canada. Criminal laws are enacted by the Parliament of Canada and apply uniformly across the country. Mandatory life sentence High treason and first degree murder carry a mandatory sentence of life imprisonment with a full parole ineligibility period of 25 years. Previously, in ...
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Correctional Service Of Canada
The Correctional Service of Canada (CSC; french: Service correctionnel du Canada), also known as Correctional Service Canada or Corrections Canada, is the Canadian federal government agency responsible for the incarceration and rehabilitation of convicted criminal offenders sentenced to two years or more. The agency has its headquarters in Ottawa, Ontario. The CSC officially came into being on April 10, 1979, when Queen Elizabeth II signed authorization for the newly commissioned agency and presented it with its armorial bearings. The Commissioner of the CSC is recommended for appointment by the Prime Minister and approved by an Order in Council. This appointed position reports directly to the Minister of Public Safety and Emergency Preparedness and is accountable to the public via the Parliament. The current Commissioner of the CSC is Anne Kelly, who served as the senior deputy commissioner prior to the retirement of Don Head in February 2018. Insignia In addition to using ge ...
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Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the E ...
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Dangerous Offender
In Canada, England, and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Other countries, including Denmark and parts of the United States have similar provisions of law. Worldwide Canada In Canadian criminal law, a convicted person who is designated a dangerous offender may be subjected to an indeterminate prison sentence, whether or not the crime carries a life sentence. This does not apply to convictions of first degree murder, second degree murder, high treason, and treason. The purpose of the legislation is to detain offenders who are deemed too dangerous to be released into society because of their violent tendencies, but whose sentences would not necessarily keep them incarcerated under other legislation, such as the Correctional and Conditional Release Act. Under subsection 761(1) of the Criminal Code, the Parole Board of Canada is required to review the ...
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Canadian Court System
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal government the exclusive right to legislate criminal law, while the provinces have exclusive control over much of civil law. The provinces have jurisdiction over the Administration of Justice in their territory. Almost all cases, whether criminal or civil, are heard in provincially or territorially established courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal courts also have juris ...
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Controlled Drugs And Substances Act
The ''Controlled Drugs and Substances Act'' (french: Loi réglementant certaines drogues et autres substances) (the ''Act'') is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals the ''Narcotic Control Act'' and Parts III and IV of the ''Food and Drugs Act'', and establishes eight Schedules of controlled substances and two Classes of precursors. It provides that "The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest." The ''Act'' serves as the implementing legislation for the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Amendments to the act In November 2007, the Justice Minister Rob Nicholson in ...
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Aggravated Sexual Assault
The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary from nation to nation and state to state within nations. Effects on victims Aggravated sexual assault can lead to short- or long-term effects. Many people who have been sexually assaulted have experienced an effect mentally or physically. The effects can include trauma to the body or emotional trauma. Some mental effects include Post-traumatic Stress, Sexual disorder, and depression. Effects to the body include bruising, bleeding from the vaginal area, soreness, and/or a dislocated bone. Post-traumatic stress When people are abused they tend to push aside the memories of the event. The victim may begin to relive the event and experience anxiety. After a person experiences aggravated sexual assault they experience a sense of fear and helplessness. It may also lead to the victim being impaired in a social environment. Sexual disorder Children who have been subject to aggravated ...
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Criminal Negligence
In criminal law, criminal negligence is a surrogate state of mind required to constitute a ''conventional'' (as opposed to ''strictly liable'') offense. It is not, strictly speaking, a (Law Latin for "guilty mind") because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. Concept To constitute a crime, there must be an ''actus reus'' (Latin for "guilty act") accompanied by the ''mens rea'' (see concurrence). Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences. Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a " ...
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Conspiracy To Commit Murder
Conspiracy to murder is a statutory offence defined by the intent to commit murder. England and Wales The offence of conspiracy to murder was created in statutory law by section 4 of the Offences Against the Person Act 1861 and retained as an offence by virtue of section 1(1) of the Criminal Law Act 1977. ''Mens rea'': Although an intention to cause grievous bodily harm is sufficient for murder, it is not sufficient for conspiracy to murder. Jurisdiction Section 1(4) of the Criminal Law Act 1977 formerly provided that it was immaterial that the murder in question would not be triable in England and Wales if committed in accordance with the intention of the parties to the agreement. This reproduced the effect of section 4 of the 1861 Act. See now section 1A of the Criminal Law Act 1977. Sentence A person guilty of conspiracy to murder is liable to imprisonment for life or for any shorter term. As to the maximum sentence in a case where the agreement was entered into be ...
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Attempted Murder
Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven years, dependent on prior convictions and relation to organized crime. United Kingdom England and Wales In English criminal law, attempted murder is the crime of simultaneously preparing to commit an unlawful killing and having a specific intention to cause the death of a human being under the Queen's Peace. The phrase "more than merely preparatory" is specified by the Criminal Attempts Act 1981 to denote the fact that preparation for a crime by itself does not constitute an "attempted crime". In England and Wales, as an "attempt", attempted murder is an offence under section 1(1) of the Criminal Attempts Act 1981 and is an indictable offence which carries a maximum penalty of life imprisonment (the same as the mandatory sentence for ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an ATM, but may also be for sexual assault. Children have also been kidnapped for the comm ...
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Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the t ...
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Aircraft Hijacking
Aircraft hijacking (also known as airplane hijacking, skyjacking, plane hijacking, plane jacking, air robbery, air piracy, or aircraft piracy, with the last term used within the special aircraft jurisdiction of the United States) is the unlawful seizure of an aircraft by an individual or a group. Dating from the earliest of hijackings, most cases involve the pilot being forced to fly according to the hijacker's demands. There have also been incidents where the hijackers have overpowered the flight crew, made unauthorized entry into cockpit and flown them into buildingsmost notably in the September 11 attacksand in several cases, planes have been hijacked by the official pilot or co-pilot; e.g., Germanwings Flight 9525. Unlike carjacking or sea piracy, an aircraft hijacking is not usually committed for robbery or theft. Individuals driven by personal gain often divert planes to destinations where they are not planning to go themselves. Some hijackers intend to use passengers o ...
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