The offender pleaded guilty to discharging a firearm with intent and possessing a firearm while prohibited, offences carrying a five-year mandatory minimum sentence.
The Crown and defence jointly submitted a five-year global sentence but disagreed on the allocation of pre-sentence custody.
The court held that enhanced credit for harsh pre-sentence custody conditions (Duncan credit), including frequent lockdowns and the disproportionate impact of the COVID-19 pandemic on Black inmates, can be applied even when a mandatory minimum sentence is imposed.
The court credited the offender with standard 1.5:1 Summers credit plus an additional six months for harsh conditions, resulting in a remaining sentence of two years less a day to be served in a provincial reformatory.