Canadian Criminal Records: and How to Start Fresh by Antree Demakos

By Antree Demakos

You can get a legal list. easily being accused of a criminal offense will result in police creating a checklist (usually known as incident or prevalence record) of the development, whether no fees are laid. And if police do choose to lay fees, which they are going to do in the event that they have the slightest trust that the individual is accountable, fingerprints and pictures are taken. those develop into a legal list, whether the cost won't bring about conviction, if the individual is located blameless, or if the case is thrown out of courtroom. This booklet explains what legal documents are, how they impression peoples’ lives, and the way a legal list could be got rid of.

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4 I. Introduction In many respects the world post the September 11th terrorist attacks on the World Trade Center and the Pentagon is not similar to the one we lived in before that tragic Tuesday. Yet in some important respects nothing 40 / The Security of Freedom is really new, or at least not conceptually new. Much of the discussion around legal matters pertaining to dealing with terrorism and the structuring of counter-terrorism measures and extraordinary governmental powers to answer to future threats falls into that latter category.

28 See my Judging the Judges, 150-77, for full analysis of this strategy, 29 [1999] 2 SCR 817. ' 30 The discretion was to stay a deportation order if, in the discretion of the official, this was required on 'humanitarian and compassionate' grounds. 31 Baker, 853-4. 32 2001 SCC 7. 33 Canada (Director of Investigations and Research) v. Southam Inc. [1997] 1 SCR 748, para. 62. 34 [1992] 1 SCR 711. 35 [1977] 1 WLR766. , 778. 37 [1942] AC 206. The issue between the judges was simply whether the Home Secretary's say so was conclusive of the necessity to detain under Regulation 18B of the Defence (General) Regulations, 1939, or whether reasons were required.

A sunset clause for the entire bill would lead to a legislative vacuum. We cannot expect terrorism to disappear in a few years, so it would be irresponsible to suspend our legislation in three years, thereby running the risk of not having effective laws in place for extended periods23 Now we would not, of course, have anything like a vacuum. The Criminal Code already supplies law-enforcement officials with a battery of offences. And no-one is arguing against vastly improved resources for both law-enforcement and for intelligence-gathering, although my argument assumes that we should not let security be defined by the government or by agencies such as CSIS.

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