The provisions relating to discharge are set out in the Criminal Code. A court has to enter into an examination and then make a determination that it is in the best interest of the accused person, and not contrary to the public interest, to grant either an absolute discharge or a discharge on conditions set out in a probation order. Those are the guiding parameters. Generally, a court will look at each case on an individual basis, determine the gravity of the offence, the effect and impact on the person, the impact on the victim of the offence, and make a determination.
Acting Law Clerk (Ms. Stewart) on Committee Motion 59-12(7): To Amend Clause 2 Of Bill 32, Defeated
In the Legislative Assembly on June 12th, 1995. See this statement in context.
Committee Motion 59-12(7): To Amend Clause 2 Of Bill 32, Defeated
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
June 11th, 1995
Page 1267
Acting Law Clerk Ms. Stewart
See context to find out what was said next.