No. Making something legal doesn't mean it was legel *when you did it*, but if you committed the crime after they deleted the law, you'd have a valid defense against conviction.
Charter Section 11 (http://laws.justice.gc.ca/en/charter/#juridiques) appears to disagree with you.
11. Any person charged with an offence has the right
a) to be informed without unreasonable delay of the specific offence; b) to be tried within a reasonable time; c) not to be compelled to be a witness in proceedings against that person in respect of the offence; d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; e) not to be denied reasonable bail without just cause; f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
11(g) says that you can't be charged unless it was illegal when you did it. 11(i) says that if sentencing got more lenient or harsher between the time of your committing the act and the time of your sentencing, you're entitled to the lesser sentence. Neither of those says anything about letting you go or pardoning you for a crime you've already been convicted of, even if what you did isn't illegal any more.
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(no subject)
Date: 2005-10-21 07:55 pm (UTC)(no subject)
Date: 2005-10-21 07:57 pm (UTC)(no subject)
Date: 2005-10-21 08:03 pm (UTC)(no subject)
Date: 2005-10-21 08:09 pm (UTC)In canada by the way it does make it not illegal anymore. It's in the charter.
(no subject)
Date: 2005-10-21 08:19 pm (UTC)(no subject)
Date: 2005-10-21 08:22 pm (UTC)Either way, I'm sure you get which parts are mine and which aren't.
(no subject)
Date: 2005-10-21 08:22 pm (UTC)But you do get to go free, as the lesser sentance is now a non-sentance. Talking about 11(i) here.
(no subject)
Date: 2005-10-21 08:26 pm (UTC)If it was decriminalised *after* your sentencing, you have no such right.
(no subject)
Date: 2005-10-21 08:32 pm (UTC)I misread that.