Canada Case Law

R v. Caldi

Court

Supreme Court of Nova Scotia

The court accepted the joint recommended sentences because they appropriately reflected denunciation and deterrence, accounted for aggravating factors (serious, life‑threatening violence and weapons), gave weight to the offender's criminal record, and balanced mitigating evidence including addiction, mental health issues and culturally informed rehabilitation prospects (IRCA); the totality principle supported the specific concurrent and consecutive structure producing a 9‑year aggregate, with an agreed 1.5:1 credit for 2 years 8 months remand reducing the go‑forward term to 6 years 4 months,…

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• Aggravated assault
• Possession of prohibited weapon
• Possession of prohibited firearm
• Breach of release order
• Assault on a peace officer
• Guilty plea

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R. v. G.S.,

Court

Court of Appeal for Ontario

Enforceability considerations prevail: the offences are grave sexual offences against a 13‑year‑old, the trial evidence (including DNA and corroborating factual evidence) is overwhelming, and the grounds of appeal are weak so that release would undermine public confidence; therefore bail pending appeal is refused under s.679(3)(c).

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• Bail pending appeal
• Public interest/public confidence
• Sexual interference
• Internet luring
• Breach of release order
• Dna evidence

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R. v. Robson

Court

Court of Appeal for Ontario

The sentencing judge properly applied Gladue jurisprudence, found on the record that there was no evidence that systemic, background or intergenerational factors related to the appellant's Métis heritage affected his moral blameworthiness, and therefore the five-year global sentence was fit and the appeal must be dismissed.

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• Gladue principles
• Sentencing
• Indigenous heritage
• Possession for the purpose of trafficking
• Breach of release order

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R v Wright

Court

Nova Scotia Provincial Court

The court determined that the aggregate proportionate sentence for the offences was 390 days but the offender had 397.5 days of remand credit; therefore the passing of sentence was suspended and the appropriate final disposition was a 24-month probation order with mandatory ancillary orders, DNA collection and a lifetime weapons prohibition, and dismissal of counts where no evidence was offered.

Source excerpt

• Robbery
• Resisting a peace officer
• Breach of probation
• Breach of release order
• Remand credit
• Probation

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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. Haq

Court

British Columbia Court of Appeal

Sentence appeal dismissed. The Court held pre-trial custody could be credited against the mischief sentences because there was a sufficient causal connection.

• Credit for pre-trial custody
• Breach of release order
• Mischief
• Interpretation of s.719(3) criminal code
• Pre-trial-custody-credit
• Sentencing

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R. v. Patterson

Court

British Columbia Court of Appeal

Leave to appeal sentence was granted, but the appellant’s release pending appeal was refused under s. 679(4) of the Criminal Code.

• Leave to appeal
• Release pending appeal
• Mandatory minimum sentence
• Use of imitation firearm
• Breach of release order
• Sentence-appeal

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R. v. Chaisson

Court

Supreme Court of Nova Scotia

Court imposed a custodial sentence of 5 years (1825 days) for possession of cocaine for the purpose of trafficking, finding the offence situates between high-end street-level and low-end mid-level dealer. Two concurrent 30-day sentences for breach counts to be served concurrently. Pre-sentence custody credit applied at Summers 1.5:1 to 908 days (credit 1363 days) and an additional limited Duncan credit of 62 days granted for unreasonable delay in dental care (Jan 1, 2023 to sentencing). COVID-19 protective measures did not justify further enhanced credit. After credits (total 1425 days) the r…

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• Trafficking (cocaine)
• Pre-sentence custody credit
• Duncan credit
• Breach of release order
• Ancillary orders (weapons prohibition, dna, forfeiture)

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R. v. Riley-Zwicker

Court

Nova Scotia Provincial Court

Given the offender's extensive and related record of breaching court orders involving the same vulnerable victim, the need for denunciation and deterrence required custodial sentences for each offence, but applying the totality principle and remand credit the court reduced the aggregate punishment to avoid an excessive or crushing sentence, resulting in an effective custodial term of 151 days to be served after crediting remand.

Source excerpt

• Breach of release order
• Breach of probation
• Assault
• Totality principle
• Concurrent and consecutive sentencing
• Remand credit

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R. v. L.D.

Court

Court of Appeal for Ontario

The application for bail pending appeal is dismissed because, although the appeal is not frivolous and surrender is not in issue, the applicant failed to discharge his onus under s.679(3)(c): public safety concerns arising from his extensive criminal record, history of breaches (including committing the offence while on bail), and the insufficiency of the proposed surety outweighed reviewability interests and justified continued detention.

Source excerpt

• Bail pending appeal
• Charter s.10(b) - right to counsel
• Admissibility of statements
• Public safety
• Breach of release order
• Sexual assault

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