Canada Case Law

R. v. Charlebois

Court

Supreme Court of British Columbia

Given elevated gravity (intercourse, victim asleep and intoxicated, significant impact, and commission while subject to a CSO) and countervailing mitigation (youth at time, post‑offence good conduct, low recidivism risk, strong supports), a penitentiary term was appropriate; conditional sentence was unavailable; balancing denunciation/deterrence with restraint for youth produced a proportionate sentence of two years imprisonment; mandatory DNA and weapons prohibition and custodial non‑communication orders were imposed; victim fine surcharge waived for undue hardship; offender proven on balanc…

Source excerpt

• Sexual assault involving intercourse
• Conditional sentence order breach
• Victim impact statements
• Gladue factors
• Ancillary orders (dna, weapons prohibition, non‑communication)
• Soira registration exemption

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R. v. Skinner

Court

Supreme Court of Nova Scotia

The court accepted the parties' joint recommendation of a ten-year custodial sentence because it falls within the established and permissible range for manslaughter given the high degree of moral blameworthiness tempered by significant mitigating factors (intoxication, guilty plea, youth, IRCA findings and rehabilitation potential); the parties' agreed enhanced remand credit of 1.5 days per day (948 days total) was applied, producing an effective remaining custodial term of seven years and 147 days; ancillary orders (mandatory DNA and lifetime weapons prohibition under s.109) were appropriate…

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• Manslaughter
• Remand credit
• Guilty plea credit
• Joint sentencing recommendation
• Impact of race and culture assessment (irca)
• Victim impact statements

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R. v. R.A.T.

Court

Supreme Court of British Columbia

Appeal from a sexual assault sentence dismissed. The court held the judge gave adequate notice before exceeding the Crown’s position and the sentence was not demonstrably unfit.

• Sentencing principles
• Error in principle
• Notice and opportunity to make submissions
• Friesen jurisprudence
• Nahanee jurisprudence
• Conditional sentence

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R v. Cormier

Court

Supreme Court of Nova Scotia

The court must impose a mandatory life sentence for first-degree murder with parole ineligibility of 25 years commencing on the date of arrest; Duncan-type remand credits cannot reduce the statutory 25-year parole ineligibility for first-degree murder; the joint recommendation of 90 days custody concurrent to the life sentence for the assault causing bodily harm is appropriate and accepted; the mental disorder evidence did not meet the threshold to negate criminal responsibility.

Source excerpt

• First-degree murder
• Assault causing bodily harm
• Parole ineligibility (s.745)
• Duncan credit
• Sentencing joint recommendation (anthony-cook)
• Victim impact statements

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R. v. Jacob

Court

Supreme Court of British Columbia

Sentencing for five sexual assaults by a massage practitioner: two years less one day in custody, three years probation, and ancillary orders. A conditional sentence was refused.

• Sexual assault
• Position of trust
• Conditional sentence order
• Victim impact statements
• Probation
• Ancillary orders

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R. v. Correia

Court

Supreme Court of British Columbia

The court accepted the joint submission of 14 years parole ineligibility because the proposed term falls within the established 12–15 year range for comparable cases, the case does not exhibit the exceptional moral culpability required for a >15 year bar under Cerra, and Anthony‑Cook requires deference to a joint submission that does not bring the administration of justice into disrepute; the offender's rehabilitation, remorse and timing further supported the sentence.

Source excerpt

• Second degree murder
• Parole ineligibility period under s.745(c)
• Joint submission
• Rehabilitation
• Dna order
• Firearms prohibition

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R. v. Willis

Court

Supreme Court of Nova Scotia

Given the predatory home invasion, the brutal strangulation of an elderly vulnerable victim, the offender's extensive violent criminal history demonstrating high risk of future dangerousness, and after weighing mitigating evidence including the IRCA and offender's age, the appropriate period of parole ineligibility is set at 20 years; pre-sentence custody credit of 1,478 days (1:1) is awarded; ancillary orders (DNA, lifetime firearms prohibition, non-communication) are granted and victim fine surcharge is waived.

Source excerpt

• Second-degree murder
• Parole ineligibility
• Pre-sentence custody credit
• Aggravating factors
• Mitigating factors
• Impact of race and culture assessment (irca)

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R. v. C.D.V.

Court

Court of Appeal for Ontario

The sentencing judge did not err in refusing a conditional sentence because, given the seriousness of the sexual assault and distribution of intimate images and their devastating impact, denunciation and general deterrence required a custodial sentence; the judge considered addiction and rehabilitation prospects and his sentencing decision is owed deference and is not demonstrably unfit.

Source excerpt

• Conditional sentence
• Denunciation
• General deterrence
• Principle of restraint
• Victim impact statements
• Drug addiction and culpability

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R. v. Nguyen

Court

Supreme Court of British Columbia

Because the offences involved planned, deliberate and coordinated attacks with intent to kill multiple victims, the mandatory life sentence with 25 years' parole ineligibility applies to the first‑degree murder convictions and life sentences are fit and proportionate for the attempted murders in the circumstances; mandatory ancillary orders for DNA sampling and lifetime weapons prohibition follow from the Criminal Code provisions cited.

Source excerpt

• First-degree murder
• Attempted murder
• Life imprisonment
• Parole ineligibility
• Ancillary orders
• Dna national data bank

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R. v. Schank

Court

Supreme Court of British Columbia

Sentencing for sexual assault: the court imposed 30 months’ imprisonment, finding the offence serious, the complainant vulnerable, and the harm significant.

• Sexual assault
• Consent
• Victim impact statements
• Sentencing principles
• Ancillary orders
• Dna orders

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