B. Janzen

The offender pleaded guilty to robbery with a firearm and possession of a restricted weapon following a home invasion.

The court considered aggravating factors, including the use of a loaded firearm and the offender's criminal record, alongside mitigating factors such as his guilty plea, systemic anti-Black racism, and harsh pre-sentence custody conditions.

The court found a breach of the offender's s. 9 Charter rights for a delay in bringing him to court, granting a 6-month sentence reduction.

Additional credit was given for strict bail conditions and harsh pre-sentence custody.

The offender was sentenced to 4 years and 5 months in custody.

The accused pleaded guilty to robbery with a weapon following a home invasion.

Prior to sentencing, the accused sought a stay of proceedings, alleging multiple Charter breaches including a failure to bring him before a justice within 24 hours of arrest, delays in his bail hearing, and being unlawfully held in custody for 30 hours after being granted bail.

The court found breaches of sections 7, 9, and 11(e) of the Charter but concluded a stay of proceedings was disproportionate.

Instead, the court granted a significant sentence reduction.

Considering the Charter breaches, the accused's lack of a prior record, his compliance with bail, and systemic factors related to his background as a young Black man, the court imposed a suspended sentence and one year of probation.

The offender pled guilty to robbery with a restricted firearm, robbery with an imitation firearm, and possession of a weapon contrary to a prohibition order.

The court found a breach of section 9 of the Charter due to a 32-hour delay in bringing the offender before a justice, granting a six-month sentence reduction as a remedy.

The court interpreted section 344(2)(a) of the Criminal Code to require a prior conviction for robbery with a firearm to trigger the seven-year mandatory minimum, finding the applicable minimum was five years.

The court also held that a seven-year minimum would violate section 12 of the Charter.

Considering the harsh conditions of pre-sentence custody and the Charter breach, the court imposed a global sentence of five years and three months, less pre-sentence custody credit.