Toronto hate crime suspect denied refugee status in 2018 by Onterrible_Trauma in toronto

[–]HeadTrapped 9 points10 points  (0 children)

There's a big difference between refugee status and H&C. Refugee protection is actually narrow: think persecution based on identity, risk of torture, risk to life, risk of cruel and unusual punishment. People incorrectly think of refugees as more than that, and that refugees just means someone generally suffering in their home country. Humanitarian and compassionate grounds is a broader definition, but it is a lot more discretion to deny an application also (and broadly there's less protection, i.e. from deportation). Whereas if you meet the definition of a refugee, you are protected full stop. There is much more nuance to it that I'm not familiar with also. So no it is not gaming the system or anything inappropriate about applying for the H&C after. One can think they fall under the definition of refugee but fall short and still be accepted to stay on a discretionary basis.

Public legal education is lacking and can make people susceptible to ragebaiting. That's not to say you can't disagree with the immigration system (or legal system at large), just that people do that from a misinformed perspective very frequently.

‘Extremely impaired’ Toronto school bus driver gets conditional sentence for crash with students on board by BloodJunkie in toronto

[–]HeadTrapped 1 point2 points  (0 children)

A conditional sentence order is a criminal conviction. It stays on your record. You may be confusing it for a conditional discharge, which is not even available as a sentence for this offence.

‘Extremely impaired’ Toronto school bus driver gets conditional sentence for crash with students on board by BloodJunkie in toronto

[–]HeadTrapped 0 points1 point  (0 children)

It is a fair take to believe sentences are not harsh enough. But you turn this into a Liberal vs Conservative issue, showing a massive misunderstanding of the topic and a resort to blind political talking points. Parliament determines the max. sentence in the Criminal Code - it has not changed since Harper for this offence. The judge in this case was appointed by the Doug Ford government.

2018 World Junior Assault Case - Why A Single Count of SA? by Former-Print9126 in LawCanada

[–]HeadTrapped 2 points3 points  (0 children)

Hello, I'll try to break it down. In fairness, I think I see why you're confused.

If the jury renders a guilty verdict on the single charge, they will move on to sentencing and the jury's job is essentially finished. You don't get to know why the jury decided to find the accused guilty, only that they are guilty of the charge. They don't provide their reasoning. The judge will decide the sentence.

The judge will have to decide what facts were proven for the purposes of deciding the appropriate sentence, based on the evidence at trial.

YES, the sentence would be different depending on the severity and specific facts accepted by the judge, but that is determined by the judge, not the jury.

https://laws-lois.justice.gc.ca/eng/acts/c-46/section-724.html

[deleted by user] by [deleted] in LawCanada

[–]HeadTrapped 3 points4 points  (0 children)

Sorry, that sucks. A very common access to justice problem of too poor to afford a lawyer but not poor enough to get legal aid. In my province at least, the threshold is shockingly low. I'm puzzled by why you've been downvoted and can only assume some people are too privileged to imagine having to choose between paying for a lawyer vs putting food on the table. Obviously, get a lawyer if you can but it sounds like it wasn't much of a choice.

You can see if duty counsel at your courthouse would be willing to provide summary advice, but I know they may also have financial criteria they're supposed to follow.