Canada Case Law

R v Joyce

Court

Nova Scotia Provincial Court

For a low-level petty retailer convicted of s.5(2) CDSA trafficking with two prior designated-substance convictions the appropriate range is two to three years; the court imposed a two-year sentence less 26 days remand credit (704 days to be served), declined to address the Charter challenge to ss.742.1(c) and (e)(ii) as moot because the imposed sentence exceeded the CSO threshold, and granted ancillary orders while declining probation and victim surcharge.

Source excerpt

• Sentencing
• Trafficking
• Possession for the purpose of trafficking
• Conditional sentence ineligibility
• Charter s.7 challenge
• Remand credit

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R. v. Doran

Court

Supreme Court of British Columbia

The court sentenced Jennifer Patricia Doran to two years less a day plus three years’ probation after finding her guilty of arson endangering human life.

• Arson
• Sentencing principles
• Probation order
• Conditional sentence ineligibility
• Publication ban
• Aggravating and mitigating factors

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R. v. Chen

Court

Supreme Court of British Columbia

Mr. Chen was sentenced for MDMA trafficking and challenged Criminal Code conditional-sentence restrictions under s. 7. The court found the provisions overbroad and imposed 3 years 8 months.

• Conditional sentence ineligibility
• S.7 overbreadth
• Arbitrariness
• Sentencing principles
• Delay as mitigation
• Covid-19 impact on sentencing

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R. v. Jacobs

Court

British Columbia Court of Appeal

The Court of Appeal set aside an illegal conditional sentence for a break and enter offence and replaced it with one day in custody and 22 months' probation.

• Break and enter
• S. 348(1) criminal code
• Conditional sentence ineligibility
• S. 742.1 criminal code
• Joint submission on sentence
• Leave to appeal

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R. v. Fizzard

Court

Supreme Court of Nova Scotia

Given the offender's guilty plea, remorse, age, lack of prior record and rehabilitation prospects weighed against the aggravating factor of taking advantage of a cognitively impaired vulnerable victim, a fit and proportionate sentence is 90 days custody to be served intermittently, followed by 24 months probation with specified conditions, a primary DNA order, SOIRA registration for 20 years and a 10-year firearms prohibition; a longer period of incarceration was unnecessary and a conditional sentence was ineligible under s.742.1(f)(iii).

Source excerpt

• Sexual assault of a vulnerable person
• Sentencing principles
• Dna databank order
• Sexual offender information registration (soira)
• Firearms prohibition
• Conditional sentence ineligibility

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R. v. Barker

Court

Nova Scotia Provincial Court

Despite seriousness of exploiting an elderly, incapacitated victim and the availability of custodial sentences, the court found that factors including defendants' advanced ages, health, lack of criminal records, demonstrated remorse, agreement to restitution, and likelihood of remediation justified suspending sentence and imposing three-year probation with strict conditions and restitution orders, which is proportionate and consistent with sentencing principles and parity.

Source excerpt

• Fraud over $5000
• Capacity to contract
• Vulnerability of victim
• Sentencing parity
• Conditional sentence ineligibility
• Restitution orders

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R. v. Macdonald

Court

Nova Scotia Provincial Court

The court lawfully imposed a 30-day sentence on the refusal count and applied a 30-day remand credit so the sentence is deemed served; the mandatory-minimum fine was thus obviated because remand credit equaled or exceeded the penalty; for remaining offences the court suspended sentence and imposed an 18-month probation with conditions focused on rehabilitation and public safety, and prohibited driving for 12 months; restorative sentencing principles and the offender's substance-use disorder justified a non-custodial disposition for the other counts.

Source excerpt

• Theft
• Refusal to provide breath sample
• Driving without consent
• Probation
• Remand credit/time-served
• Mandatory minimums

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R. v. Ahmed

Court

Court of Appeal for Ontario

The Court dismissed the appeal because the trial judge properly considered non‑custodial alternatives, correctly applied sentencing principles including restraint, and the resulting sentence of 13.5 months custody followed by two years probation was not demonstrably unfit under Lacasse.

Source excerpt

• Sentencing
• Fraud
• Breach of trust
• Conditional sentence ineligibility
• Intermittent sentence
• Principle of restraint

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R. v. MacLean

Court

Nova Scotia Provincial Court

Given the spontaneous, non‑premeditated nature of the assault, non‑life threatening but moderately disfiguring injury, limited and distant prior record, bail compliance and sentencing parity with comparable cases, a fit sentence is six months imprisonment with 12 months probation, a $200 victim surcharge, DNA order and firearm prohibitions; conditional sentence is statutorily ineligible under s.742.1(c).

Source excerpt

• Aggravated assault
• Sentencing principles
• Conditional sentence ineligibility
• Probation conditions
• Dna collection order
• Firearm prohibition

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R. v. MacLennan

Court

Nova Scotia Provincial Court

Balancing proportionality, parity and restraint the offence was assessed at mid‑range seriousness of a very serious home‑invasion break and enter due to an occupied dwelling, the deployment and brandishing of a claw hammer and fearsome threats; mitigators (guilty plea, first offender status, addiction and prompt abandonment) reduced moral blameworthiness sufficiently to justify a three‑year federal custodial sentence, with mandatory ancillary orders (DNA, no contact, firearms prohibition, victim surcharge).

Source excerpt

• Breaking and entering (s.348(1)(b))
• Home invasion (s.348.1)
• Use of weapon
• Sentencing principles
• Conditional sentence ineligibility
• Dna collection order

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