Discretion guidelines
For reference
Discretion guidelines training guide
Summary sheet: Discretion Guidelines
Discretion guidelines for specific areas of the law
Criminal Law
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Approved discretion guidelines |
Results obtained |
- All charges withdrawn as a result of lawyer’s actions
- Discharge of all charges at preliminary hearing as a result of lawyer’s actions
- Acquittal of all charges at trial as a result of lawyer’s actions
- Sentence significantly reduced as a result of lawyer’s actions
- Material contribution to an outcome that is precedent-setting and that affects the administration of justice in favour of the defendant
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Complexity of the matter |
- Novel legal issue – e.g., attempt at aggravated assault by HIV transmission – or unusual factual situation
- Rare motion – e.g., third-party records, recusal motion, mistrial
- Forensic/expert evidence
- Client’s special needs – e.g., mental illness (unique proceedings)
- Characteristics of witness – e.g., child witness (testimonial capacity)
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Other relevant factors |
- Defence facing exceptional Crown/prosecutorial resources
- Disclosure
- Extended sentencing hearing
- Timeliness/reduction in appearances, i.e., Justice on Target criteria
- High-profile case
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Family Law (Support, Custody, Access)
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Approved discretion guidelines |
Results obtained |
- Motion for interim spousal support – award at high end of spousal support guidelines
- Motion for interim child support – retroactive to date of application; support ordered where other party stands in loco parentis
- Access, custody – custodian successful in obtaining relocation and/or change in de facto custody due to parental alienation
- Change in interim custody
- Contested no access ruling
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Complexity of the matter |
- Client’s special needs – e.g., mental health
- Self-employed, imputing income
- Sexual or serious physical abuse allegations – e.g., criminal charges
- Hague Convention matters
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Other relevant factors |
- Disclosure
- Forensic/expert evidence
- Multiple children/ parents/parties
- Well-funded litigant
- Timeliness/reduction in appearances through mediated/negotiated settlement
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Family Law (Child, Youth and Family Service Act – CYFSA)
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Approved discretion guidelines |
Results obtained |
- Protection application – child deemed not in need of protection
- Motion – care and custody – child deemed not in need of protection
- Motion – summary judgment on extended society care application – successfully defended and/or costs awarded
- Status review – resolution from extended society care to supervision order
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Complexity of the matter |
- Child or parent special needs – e.g., mental illness, addiction
- Sexual or serious physical abuse allegations – e.g., criminal charges
- Aboriginal factors, band issues
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Other relevant factors |
- Disclosure
- Forensic/expert evidence
- Multiple children/ parents/parties
- Well-funded litigant
- Timeliness/reduction in appearances through mediated/negotiated settlement
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Refugee Law
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Approved discretion guidelines |
Results obtained |
- Successful refugee claim – Immigration and Refugee Board success rate of 20 per cent or less
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Complexity of the matter |
- Novel claims – e.g., transgender
- Exclusion
- Multiple countries of citizenship
- Ministerial Intervention
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Other relevant factors |
- Minor
- Domestic violence
- Mental illness
- Illiteracy
- Expert witness
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