Canada Case Law

R. v. Schirmer

Court

British Columbia Court of Appeal

Where pre-sentence custody previously credited on a conviction that is later quashed was causally connected to the offences for which the current sentence is imposed, an appellate court may grant credit for that custody; new information demonstrating the link may be admitted under Palmer. Applying that principle, the court credited 1,349 days at 1.5:1 (2,024 days) and varied the sentence accordingly.

Source excerpt

• Credit for pre-sentence custody
• Concurrent and consecutive sentences
• New evidence on appeal (palmer)
• Causation/link test

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R. v. Clarke

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted fresh evidence on harsh pre-sentence custody conditions but dismissed Alexander Clarke’s sentence appeal, finding no basis to reduce the nine-year global sentence.

• Armed robbery
• Duncan credit
• Fresh evidence
• Long-term supervision order
• Step principle
• Sentencing

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R. v. Menezes

Court

Court of Appeal for Ontario

The CSO was running during the first detention period (April 8–Oct 11, 2022) because the appellant was effectively detained under s.515(6) and s.742.6(12) restarted the CSO, so no PSC credit for that six months; the CSO was suspended for the period after the breach disposition (Nov 14, 2022–Jan 10, 2023) as the breach judge suspended the CSO until the appellant's release, so the appellant was entitled to enhanced PSC credit for that two months (1.5:1 = three months). The trial judge erred by denying that credit; appeal allowed in part and three months PSC credit granted.

Source excerpt

• Credit for pre‑sentence custody
• Running and suspension of cso
• Statutory interpretation of ss. 742.6, 742.7 and 515(6)
• Double counting of custody credit
• Mitigating credit for harsh detention conditions

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R. v. Barnett

Court

Court of Appeal for Ontario

Where there is a sufficient causal connection between pre-sentence custody and the offence being sentenced, custody incurred after later charges can be credited to earlier offences; ss. 719(3) and (3.1) permit such credit when the detention is "as a result of" the offences at issue and s. 726.1 allows consideration of pre-sentence custody as relevant information. On the facts, the sentencing judge properly credited 424 days (credited at 629 days) against the robbery sentence and the appeal is dismissed.

Source excerpt

• Credit for pre-sentence custody
• Interpretation of ss. 719(3) and 719(3.1)
• Section 726.1 relevance
• Banking of custody time
• Application of custody credit across multiple charges

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R. v. Stewart

Court

Nova Scotia Court of Appeal

The trial judge committed an error in principle by fixing a fit sentence and then effectively increasing it by denying any credit for pre-sentence custody; basic fairness ordinarily requires at least one-to-one credit for PSC absent narrow exceptions, and the warrant of committal must be amended to reflect credit for all days spent on remand (580 days) to be deducted from the three-year sentence on count 2407391.

Source excerpt

• Remand credit
• Truth in sentencing act
• S.719 criminal code interpretation
• Appellate review of sentence
• Sexual offences

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R. v. Dawson

Court

British Columbia Court of Appeal

The Court of Appeal extended time, granted leave, and allowed the appeal, awarding enhanced 1.5:1 credit for 67 days of pre-sentence custody.

• Credit for pre-sentence custody
• Enhanced credit 1.5:1 (summers)
• Extension of time to file for leave
• Leave to appeal
• Pre-sentence-custody-credit
• Sentencing-appeal

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R. v. Seniuk

Court

British Columbia Court of Appeal

The Court of Appeal extended time, granted leave, and allowed the appeal, varying the sentence to reflect 150 days' credit for pre-sentence custody.

• Credit for pre-sentence custody
• Enhanced 1.5:1 credit
• Extension of time to file leave
• Leave to appeal
• Sentence variation
• Parole eligibility inference

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R. v. Schell

Court

British Columbia Court of Appeal

The Court of Appeal granted an extension of time and leave to appeal, then increased pre-sentence custody credit under R. v. Summers and reduced Count 2 to three years and four months.

• Credit for pre-sentence custody
• R. v. summers application
• Section 719(3.1) disqualification
• Extension of time and leave to appeal
• Pre-sentence-custody-credit
• Sentencing-appeal

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R. v. Cote

Court

British Columbia Court of Appeal

The Court of Appeal extended time, granted leave, and applied R. v. Summers to give enhanced 1.5:1 credit for pre-sentence custody, reducing the sentence.

• Credit for pre-sentence custody
• Enhanced credit (1.5:1)
• Extension of time for leave to appeal
• Application of r. v. summers
• Pre-sentence-custody-credit
• Sentencing

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R. v. Morgan

Court

British Columbia Court of Appeal

The Court of Appeal extended time, granted leave, and allowed Troy Morgan’s sentence appeal, applying Summers to give enhanced 1.5:1 credit for pre-sentence custody.

• Credit for pre-sentence custody
• Enhanced credit (1.5:1)
• Extension of time
• Leave to appeal
• Application of r. v. summers
• Pre-sentence-custody-credit

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