Canada Case Law

R. v. Lafleur

Court

Supreme Court of British Columbia

The court accepted the Anthony-Cook joint submission because the proposed sentence was not so unhinged from the circumstances as to bring the administration of justice into disrepute and it fell within the established range for similar offences and offenders. Applying sentencing principles including proportionality, Gladue, the offender's rehabilitation efforts, guilty plea, avoidance of retraumatization and the need for certainty, the court imposed a 545-day custodial sentence, granted 224 days credit for 149 days pretrial custody (1.5:1 ratio), leaving 321 days to serve, imposed a three-yea…

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• Impaired driving causing death
• Anthony-cook joint submission
• Gladue factors
• Pretrial custody credit
• Victim fine surcharge

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Teal Cedar Products Ltd. v. Davidson

Court

Supreme Court of British Columbia

The court sentenced Angela Davidson for seven criminal contempt counts arising from repeated injunction breaches, applying deterrence, denunciation, and Gladue principles.

• Gladue/ipeelee methodology
• Deterrence and denunciation
• Parity and step-up principle
• Totality principle
• Conditional sentence
• Credit for time served

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Trans Mountain Pipeline ULC v. Mivasair

Court

Supreme Court of British Columbia

The court sentenced four contemnors for breaching a Trans Mountain injunction, holding that denunciation and deterrence required short jail terms despite protest motives and, for one defendant, Gladue considerations.

• Injunction breach
• Criminal contempt
• Denunciation
• General and specific deterrence
• Gladue factors
• Parity and proportionality

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R. v. Vaux

Court

Supreme Court of British Columbia

After guilty pleas to two counts of sexual interference, the court imposed a 23-month conditional sentence and 3 years' probation, with DNA, SOIRA and s. 161 orders.

• Sexual interference (s.151)
• Conditional sentence order
• Friesen sentencing principles
• Gladue/ipeelee considerations
• Autism spectrum disorder mitigation
• Ancillary orders (dna, soira, s.161)

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R. v. Hagen

Court

British Columbia Court of Appeal

Leave to appeal and bail pending appeal were granted in a sentencing appeal involving child pornography, with the court finding an arguable appeal and no flight risk.

• Conditional sentence order
• Section 679 criminal code (bail pending appeal)
• Section 742.1 criminal code (cso test)
• Section 161 prohibition order
• Gladue factors
• Bail-pending-appeal

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R. v. S.W.P.

Court

British Columbia Court of Appeal

Appeal from a long-term offender sentence in a sexual-offence case. The Court upheld the designation but reduced the long-term supervision order from 10 years to 5.

• Long-term supervision order
• Dangerous offender regime
• Youth sentencing
• Gladue principles
• Pre-trial custody credit
• Expert psychiatric risk assessment

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R. v. Melnick

Court

British Columbia Court of Appeal

Court of Appeal upheld Jonathan Melnick’s sentences for weapons offences, finding no error in principle, no improper parity, and no basis to reduce the global term.

• Sentencing ranges
• Gladue factors
• Parity
• Consecutive sentences
• Totality principle
• Sectional interpretation (s.94 v s.95)

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R. v. Lange

Court

Yukon Court of Appeal

The Yukon Court of Appeal allowed Mr. Lange’s appeal against a dangerous offender designation, holding the sentencing judge failed to consider treatment prospects at the designation stage.

• Dangerous offender designation
• Treatability
• Indeterminate sentence
• Sentencing reasons
• Remittal for re-hearing
• Dangerous-offender-designation

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