Canada Case Law

R. v. P.K.G.

Court

Supreme Court of Nova Scotia

Given the high moral culpability arising from repeated intimate‑partner and child assaults, including multiple non‑consensual sexual acts and choking, a global custodial sentence of four years is proportionate; enhanced remand credit was refused because conditions did not meet the exceptionally punitive threshold though remand credit at 1.5:1 was applied; concurrency and consecutive structure adopted as described to produce an aggregate sentence that is not excessive; ancillary orders granted.

Source excerpt

• Sexual assault
• Assault
• Assault by choking
• Assault with a weapon
• Remand credit (duncan credit)
• Totality

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Canada (Citizenship and Immigration) v. Mattu

Court

Federal Court

The Federal Court dismissed judicial review of an IAD decision, finding the tribunal reasonably assessed evidence about a 1998 ceremony and no duty of candour breach.

• Misrepresentation
• Duty of candour
• Marriage validity
• Credibility and weight of evidence
• Judicial review
• Immigration inadmissibility

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R. v. Coffey

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Coffey’s sentence appeal, holding the sentencing judge properly applied Gladue and that a 12-month term for a large cannabis grow was fit.

• Sentencing
• Gladue principles
• Production and trafficking of cannabis
• Proportionality and fitness of sentence
• General deterrence and denunciation
• Immigration inadmissibility

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Cristobal v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court granted judicial review, finding procedural unfairness where a visa officer relied on criminality concerns from an NBI record without warning the applicant or seeking further documents.

• Humanitarian and compassionate grounds
• Best interests of the child
• Procedural fairness / natural justice
• Immigration inadmissibility
• Interpretation of foreign police certificates
• Procedural-fairness

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R. v. Zhao

Court

Supreme Court of British Columbia

Sentence appeal in a Customs Act case. The court applied Kienapple, entered a conditional stay on one count, and substituted a conditional discharge with probation, community work, and a $10,000 surcharge.

• Sentence appeal
• Discharge
• Specific and general deterrence
• Kienapple (duplicate convictions)
• Immigration inadmissibility
• Victim surcharge

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