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A Canadian woman pleaded guilty to manslaughter this week after killing her best friend in 2015.
The police uncovered a Facebook photo in which she was wearing a black belt — the same kind that was found next to the victim's body.
Canada seems to have lighter sentences when we expect in the US. I don't know that for fact, it just seems like it when I hear about cases from Canada.
Canada seems to have lighter sentences when we expect in the US. I don't know that for fact, it just seems like it when I hear about cases from Canada.
That is true. Only premeditated murder gets a life sentence in Canada. In the U.S, you get that sentence for smoking pot three times.
Here are a few facts about this case that need to be considered.
The charge was not murder. It was a lesser charge called manslaughter , which upon conviction brings a sentence with a minimum of 4 years, and a maximum of 10 years. The accused was facing a huge physical evidence case, starting with the belt used to strangle the victim and her DNA and that of the victim on the leather belt.
Her choice to plead guilty and agree to a statement of facts/ guilt, resulted a short trial and no need for the victim's family to have to testify.
In Canadian criminal law, there are guidelines for sentencing upon conviction, which the sentencing Judge can consider. The Crown attorney, and the defence attorney may make submissions to the court, arguing for a sentence that they feel is appropriate with consideration of the facts heard in evidence. In a typical sentencing the Crown will argue for a higher sentence than one that the defence may put forward. The final decision is made by the presiding Judge ) .
By the way, in Canada Judges are not elected, they are appointed by either the Provincial or the Federal Government, depending on what level of court they will sit in. Crown Attorneys are also not elected, they are appointed as well.
In Canada, a person may apply for a official pardon, after they have served their entire sentence and any period of parole or probation, AND have been of good behaviour for a further period of five years. The granting of an official pardon in Canada, means that the person's criminal record is sealed, and only a Police Service that is conducting a current investigation can apply to have the record re-opened.
A person that has been granted a Pardon in Canada, can legally say that they have NO criminal record. This Act of Parliament applies to any conviction under the Canadian Criminal Code. It takes about a year for an application for a Pardon to be granted, with a fee of $900.
So yes, our sentencing laws are different than in the US, and we offer convicted persons a hope of going straight with a closed criminal record.
A final point. Canada abolished capital punishment in 1963 . A life conviction is for a minimum of 25 years, before the person has the ability to apply for the possibility of parole. Applying for parole does NOT equal being granted parole.
A recent murder case where 3 people were killed by one man in New Brunswick resulted in 3 sentences of 25 years, for a total of 75 years in maximum security. He will die in jail.
That is true. Only premeditated murder gets a life sentence in Canada. In the U.S, you get that sentence for smoking pot three times.
Source?
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