Question for Canadian member(s)

[Bill V]

I was wondering if one of our Canadian members might help me understand a news story I was reading that happened in Canada. The story is linked below.



At the end of the article, it reports that "...she was given an absolute discharge by the court...". I'm not familiar with that term--I'm guessing it's a legal term used in Canada that some of you might know. Can you help out? On the one hand, it sounds like she was declared free to go--but on the other hand, it sounds like she was given an enema...



Thanks!

 

[k c]

An "absolute discharge" means that she was found guilty of the crime, but since she paid the $50000 in restitution, that will be considered her sentence and that she will not have a criminal record or have any other punishment. Or in other words she had a good lawyer (selling a place for 1.7 mil should help pay for one). There are alot of ramifications with having a criminal record ie travelling, volunteering and getting a job because background checks are now done on a regular basis.



But an absolute discharge could possibly mean the mother of all enema's.



K

 

[ArmandAKerryM Alberto]

But an absolute discharge could possibly mean the mother of all enema's.

You know, we have something similar to that here in the United States, it's called "Johnnie Cochran".:wacko:

 

[Nelson Atwell]

So Canadian law allows a person to buy themselves out of a crime? I know, in essence, this occurs in the US when millionaires pay high-paid lawyers to present a case in such a way that they are found innocent, but I don't think the courts actually consider restitution when deciding guilt.



Typically, if you are found guilty, the court will order restitution and/or jail time. You can't simply pre-pay restitution, because that would be an admission of guilt. After being found guilty, one could attempt to get their record "expunged" (I think this is the right term), but it wouldn't automatically occur as part of the guilty verdict.

 

[Richard Turnbull]

She poisoned 3 trees to improve her view out of her condo. I wasn't the crime of the century. $50k + lawyer fees and the comunity coming down hard on her was considered time served.