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Crown appeal in an impaired driving sentence was allowed in part. The Court increased custody from 120 days to nine months and the driving prohibition to four years.
The sentencing judge erred in law by failing to treat weapons in the immediate proximity of narcotics in a vehicle as 'carried' within s.10(2) CDSA; conditional/community sentences for s.5(2) offences are not available post‑2012 legislative changes; the sentence imposed was demonstrably unfit and the appropriate custodial sentence for the CDSA offences is two years imprisonment to be served in custody, but execution of that sentence is stayed given the exceptional circumstances and time already served under the court's orders.
Source excerpt
The four-year global sentence was fit because the offences were serious, internet luring combined with making child pornography warrants increased punishment post-amendment, statutory minimums applied, and several aggravating factors (position of trust, careful planning, grooming and exploitation of poverty) justified consecutive sentences within a four-year global sentence; the sentencing judge applied the accepted approach to multiple offences.
Source excerpt
Judicial review of an Employment Standards Tribunal decision failed. The Court held the release barred the vacation pay claims, found no duress or bias, and dismissed the petition.
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