The applicant sought a declaration that all of his concurrent sentences for multiple drug trafficking and proceeds offences were eligible for accelerated parole review (APR) despite the repeal of the APR regime on March 28, 2011.
Some offences occurred before the repeal date while others occurred afterward.
The court considered the interaction of s. 11(i) of the Charter with the repeal of APR and the authorities interpreting eligibility for offenders whose conduct straddled the repeal date.
The court held that although APR may theoretically apply to offences committed before the repeal, it could not be extended to later offences simply because they were sentenced together.
On the facts, the repeal did not increase the applicant’s incarceration period because the later offences independently required longer incarceration.
