The appellant, Bismark Barrett, appealed his 30-month sentence for possession of cocaine for the purpose of trafficking.
He sought a conditional sentence, arguing that the sentencing judge took an unduly narrow view of the impact of the Covid-19 pandemic on inmates, specifically regarding the risk of infection and the negative impact of institutional measures like lockdowns and program suspensions.
The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's discretionary decision not to reduce the sentence based on Covid-19 related deprivations.