[Xort]

Lemmy Lemmy:

Your definition of probation is poor.

Would you like to quote a better one?

$1:

Probation is a period of supervision, but not necessarily instead of jailtime. It's a sentence in and of itself.

Probation is an alternative to jail time. It's a cost saving method used by the legal system to give an illusion of justice.

$1:

You said "he was let go before his time was done". Incorrect. He wasn't let out early on probation, he was sentenced to probation.

Rather than jail.

$1:

How do you know that a judge made that determination? Maybe jailtime wasn't an option for the offence he committed.

Care to list crimes that do not carry a possibility of jail time, only probation?

[Freakinoldguy]

Public_Domain Public_Domain:

Bear spray, brass knuckles, long knives, and practically every other form of melee self-defense are banned from civilian use and ownership in Canada...

Sure and crime is supposed to be to but, that doesn't seem to stop the criminals does it?

[llama66]

I suspect this guy was charged out of Form, I'd be floored if the crown wanted to move forward with this.

[Lemmy]

Xort Xort:

Lemmy Lemmy:

Your definition of probation is poor.

Would you like to quote a better one?

A sentence that puts the offender on a period of supervision and places conditions on his life.

Xort Xort:

Probation is an alternative to jail time. It's a cost saving method used by the legal system to give an illusion of justice.

Sure, it's an alternative to jail time. And jail time is an alternative to probation. And a community service order is an alternative to both. And a fine is an alternative to all three.

Xort Xort:

Care to list crimes that do not carry a possibility of jail time, only probation?

It depends on other similar cases and what was handed out. The statute only tells a fraction of the story. The judge also has to examine precedents. If this person committed an offence with a maximum penalty, say, of 2 yeas in jail, but it was his first offense, the judge can't just arbitrarily decide to give him jail time. He/she has to examine precedents to determine sentencing options. If the previous 1000 offenders who did the same thing this guy did got probation, the judge has to give this guy probation, even if jail time is the maximum in the statute. So while the offence, as written in the Code may list jail as an option, it may not apply to a specific incident. You need the statute and the case law equally.

Furthermore, the Criminal Code specifically states that prison out to be used only as a last resort. You make it sound like jail is the first option. Nope, it's the last.

In any case, your claim was that he got out early from a jail term. That's parole, not probation. You either didn't know the difference between the two or you were purposely exaggerating to paint this guy as a worse offender than he likely was. There was nothing in the article to suggest your claim that "he was let go before his time was done." Instead of back-peddling and deflecting, why not just man-up and admit you were wrong?

[Jonny_C]

Public_Domain Public_Domain:

Bear spray, brass knuckles, long knives, and practically every other form of melee self-defense are banned from civilian use and ownership in Canada...

You can buy bear spray at Canadian Tire.

[llama66]

I've gone hiking with Bear Spray. Its not illegal to own.

[Lemmy]

$1:

Part 3 of the Schedule, Prohibited Weapons, Former Prohibited Weapons Order, No. 8 states:
1. Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of

(a) tear gas, Mace or other gas, or
(b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person.

http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Weapons

It's not illegal to buy/own a butcher knife either, but it is illegal to carry/conceal one as a weapon. It's the intended use that determines whether it's a weapon or not. Bear spray is specifically listed as prohibited weapon in the Criminal Code (above). Dipshit wasn't carrying bear spray on him to go jogging in Algonquin Park.

[Jonny_C]

Lemmy Lemmy:

It's not illegal to buy/own a butcher knife either, but it is illegal to carry/conceal one as a weapon. It's the intended use that determines whether it's a weapon or not. Bear spray is specifically listed as prohibited weapon in the Criminal Code (above). Dipshit wasn't carrying bear spray on him to go jogging in Algonquin Park.

Granted, yes. But PD's contention that it's illegal to own bear spray is what I was responding to, that's all.