Canada Case Law

R v. Dawn Ellis-Abbott

Court

Supreme Court of Nova Scotia

Given the prolonged, calculated misappropriation of $4,380,986.31 by a trusted senior financial clerk employed by Millbrook First Nation, the court imposed a custodial sentence of four and one-half years as proportionate and necessary for denunciation, deterrence and protection of the public while recognizing mitigating credit for a guilty plea and Gladue factors; ancillary orders were imposed including restitution/fine in lieu equal to the defrauded amount (payable within 15 years with a 5-year default custodial term), a DNA order, and a 25-year financial activities prohibition.

Source excerpt

• Fraud s.380 criminal code
• Restitution order s.738
• Fine in lieu of forfeiture s.462.37
• Dna order s.487.051
• Financial activities prohibition s.380.2
• Gladue factors

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R. v. T.B.

Court

Supreme Court of British Columbia

T.B. was sentenced to 30 months’ imprisonment for sexual assault after the court found non-consensual penile-vaginal intercourse with his intimate partner.

• Sexual assault
• Consent
• Gladue factors
• Denunciation and deterrence
• Conditional sentence
• Victim impact

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R. v. B-B.

Court

Supreme Court of British Columbia

Sentencing for a father who pleaded guilty to sexually touching his young daughter over more than two years in breach of trust. The court imposed 4.5 years’ imprisonment plus ancillary orders.

• Sexual interference (s.151)
• Application of r. v. friesen
• Gladue factors
• Risk assessment and management
• Ancillary orders (dna, registration, prohibitions)
• Sexual-interference

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R. v. Rosch

Court

Supreme Court of British Columbia

Detention review under s. 525 of the Criminal Code. The Court held Briaden Rosch should remain detained, finding a substantial risk of reoffending and that proposed release conditions would not adequately manage it.

• S.515(10) secondary ground - risk of reoffending
• S.493.2 gladue considerations
• S.11(e) charter - reasonable bail
• Electronic monitoring
• Breach of release orders
• Tertiary ground - administration of justice

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R. v. Soderberg

Court

Supreme Court of British Columbia

The court imposed a five-year global sentence for multiple firearms, driving, and breach offences, giving weight to Gladue factors, rehabilitation prospects, and pre-trial credit.

• Possession of loaded restricted/prohibited firearm
• Possession of firearm while prohibited
• Occupying a motor vehicle with firearm
• Operating a vehicle while prohibited
• Breach of release order
• Gladue factors

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R. v. Howse

Court

Supreme Court of British Columbia

On sentencing for manslaughter, the court imposed five years’ imprisonment on Paige Courtney Howse, with credit for pre-sentence custody, followed by three years’ probation.

• Manslaughter
• Sentencing principles and proportionality
• Gladue factors
• Mental disorder and criminal responsibility
• Self-induced intoxication
• Probation and release conditions

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R. v. Charleson

Court

Supreme Court of British Columbia

Sentencing reasons for unlawful act manslaughter involving the death of a six-year-old child. The court accepted a joint submission and imposed 143 months for each accused.

• Unlawful act manslaughter
• Child abuse by caregiver
• Gladue factors in sentencing
• Joint submission on sentence
• Pretrial custody credit
• Ancillary orders (firearms, dna, transmission to csc)

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R. v. Clayton Blaise Young

Court

Nova Scotia Provincial Court

Given the totality of circumstances—including the seriousness of the violent offences, the mitigating impact of documented Gladue factors, the accused's mental instability and substance-induced psychosis (not meeting s.16 NCR), his lack of prior record, and strong prospects for rehabilitation—the appropriate and fit sentence is a three-year suspended sentence with maximum probation on the central violent counts to serve denunciation and general deterrence while preserving community-based rehabilitation; ancillary orders include DNA, lifetime firearms prohibition, a one-day custodial term for…

Source excerpt

• Assault with a weapon
• Assault causing bodily harm
• Forcible seizing/hostage-taking
• Possession of weapon for purpose of offence
• Theft of vehicle keys
• Property damage

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R. v. Anderson

Court

Supreme Court of British Columbia

Sentencing for manslaughter after a brutal unprovoked fatal assault in Trail. The court imposed 6.5 years’ imprisonment, considering intoxication, mental illness, Gladue factors, and totality.

• Manslaughter
• Aggravating and mitigating factors
• Sentencing range and parity
• Totality and concurrency
• Firearms prohibition and dna order
• Manslaughter-sentencing

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R. v. Smith

Court

Supreme Court of British Columbia

Sentence on two drug-trafficking indictments: the court accepted a joint submission, imposed time-served jail sentences with enhanced custody credit, and made ancillary orders.

• Trafficking
• Possession for purpose of trafficking
• Assault on police officer
• Failure to stop
• Pre-sentence custody credit
• Forfeiture under cdsa

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