Canada Case Law

R. v. Da Silveira

Court

Supreme Court of Nova Scotia

Given the aggravating factors (breach of trust, violence against intimate partner and child, presence of loaded firearm and bear spray, evidence of planning in making weapons accessible, significant victim impacts including PTSD in victims and children), and balancing mitigation (first offender, remediation while on remand, guilty pleas, cooperation), the appropriate aggregate custodial sentence was fixed at 8 years before credit but reduced under totality and Summers remand credit to a resultant effective term of 1,688 days (4 years, 7 months and 14 days). Sentence was allocated to counts as…

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• Sentencing
• Aggravated assault
• Unlawful confinement
• Reckless discharge of a firearm
• Pointing a firearm
• Threats to kill

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R. v. Delair

Court

Supreme Court of British Columbia

The court accepted the joint submission because the proposed global custodial sentence of 15 years was fit and proportionate in all the circumstances and was not so unhinged from the facts as to undermine public confidence; the sentence was imposed as 5,475 days, with 618 days actual pre‑trial custody credited as 927 days, leaving 4,548 days to be served, together with specified ancillary orders.

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• Joint submission
• Mandatory minimums
• Totality principle
• Pre-trial custody credit
• Ancillary orders

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R. v. Farac

Court

British Columbia Court of Appeal

The sentencing judge lawfully considered collateral immigration consequences but reasonably concluded that given the gravity of the firearms and threatening offences, the appellant's high moral culpability, lack of remorse and limited rehabilitative information, there was no principled, proportionate way to impose a conditional or artificially reduced sentence to avoid deportation; the judge did not err in declining a CSO nor in the aggregate sentence, and the appeal is dismissed.

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• Firearms offences
• Uttering threats
• Conditional sentence orders
• Collateral immigration consequences (deportation)
• Totality principle
• Proportionality

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R. v. Dennis

Court

Supreme Court of Nova Scotia

The appropriate aggregate sentence is 4.5 years custody composed of a 3 year sentence for break and enter, an 18 month consecutive sentence for interference with human remains and an 18 month sentence concurrent for arson; Gladue factors were considered and reduced Mr. Dennis's sentence so he should not receive a longer term than his co-accused who pleaded guilty, remand credit of 32 days (1.5:1 on 21 days) was applied, and ancillary orders for DNA (s.487.051) and firearms prohibition (s.109) and a publication ban (s.517) were granted.

Source excerpt

• Break and enter to a dwelling (s.348)
• Interference with human remains (s.182)
• Arson (s.434)
• Gladue factors and mitigation
• Parity principle
• Totality principle

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R. v. Morgan

Court

Supreme Court of British Columbia

The court accepted the joint submission and imposed one day in custody because, on the particular facts, the aggravating nature of the offence was outweighed by significant mitigating and collateral factors: the offender's long custodial sentence in Colorado, the detainer's negative effect on parole (causal connection), lengthy delay and resulting evidentiary issues, the guilty plea, rehabilitation efforts, and the application of the totality principle; the court found these circumstances justified accepting a joint submission that would otherwise appear lenient for a brutal weaponized mansla…

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• Manslaughter
• Joint submission on sentence
• Delay/limitation
• Totality principle
• Collateral consequences
• Dna order

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R. v. Raybe

Court

Court of Appeal for Ontario

The Ontario Court of Appeal granted leave to appeal but dismissed the sentence appeal, upholding a 7-year global sentence for loaded firearm possession and denying Downes credit.

• Firearms offences
• Sentencing principles
• Downes credit
• Totality principle
• Youth and rehabilitation
• Systemic racism

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R. v. Alexander

Court

Supreme Court of British Columbia

Sentencing after conviction for trafficking controlled substances in Nanaimo. The court imposed 30 months for fentanyl, concurrent terms on other counts, and ordered ancillary firearms, DNA, and forfeiture orders.

• Trafficking
• Totality principle
• Denunciation
• Deterrence
• Presentence custody credit
• Ancillary orders

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R v Mahar

Court

Supreme Court of Nova Scotia

Applying Friesen and relevant Criminal Code principles, the court treated s.286.1(2) offences as gravely as other sexual offences against children, found consecutive sentences required by s.718.3(7)(b), fixed a fit sentence of three years for each count then reduced the aggregate under the totality principle to 4.5 years (27 months per count served consecutively), awarded 26 days remand credit, and imposed statutory ancillary orders including lifetime SOIRA and firearms prohibition because the statutory criteria were met.

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• Obtaining sexual services of a minor
• Mandatory minimum penalties
• Soira orders
• Dna orders
• Firearms prohibition
• Totality principle

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R. v. Sohi

Court

Supreme Court of British Columbia

The court sentenced a first-time offender convicted of drug trafficking and firearms offences to four years, finding the gun and drugs were part of one endeavour.

• Trafficking
• Possession of firearm
• Concurrent versus consecutive sentences
• Totality principle
• Denunciation and deterrence
• Mitigating and aggravating factors

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R. v. Houle

Court

Supreme Court of British Columbia

Tyler William Houle received a custodial sentence for offences arising from a dangerous flight from police, including assaulting a peace officer with a vehicle.

• Assault on a peace officer
• Assault with a weapon
• Dangerous driving
• Flight from police
• Failure to stop and fail to remain
• Driving while prohibited

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