D. Connally

The Crown brought an application to have the offender declared a dangerous offender and sentenced to an indeterminate period of custody following convictions for sexual assault with a weapon, robbery, and forcible confinement.

The offender had a lengthy criminal record and substantial mental health issues, including schizophrenia and substance abuse, which contributed to his offending when unmedicated.

The court found that while the predicate offences were serious personal injury offences and the offender showed a pattern of repetitive and aggressive behaviour, the Crown failed to establish that his behaviour was intractable or that he posed a tremendous future risk, given his remarkable improvement when properly medicated in a forensic psychiatric facility.

The dangerous offender application was dismissed.

Instead, the court designated the offender as a long-term offender, finding a reasonable possibility of eventual control of his risk in the community.

The offender was sentenced to a further 90 days in custody to allow for the formulation of a correctional release plan, followed by a 10-year long-term supervision order.

The Crown brought a dangerous offender application following the offender's conviction for robbery.

Both parties agreed the offender should be designated a dangerous offender and receive a fixed-term sentence followed by a 10-year long-term supervision order, but disputed the length of the fixed term.

The court designated the offender a dangerous offender, finding he posed a future threat due to a pattern of repetitive and persistent aggressive behaviour.

The court imposed a further fixed-term sentence of three years, after crediting four years for pre-sentence custody, followed by a 10-year long-term supervision order.

The applicant, charged with child pornography offences, brought an application for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable trial delay.

The total delay from the swearing of the information to the anticipated end of trial was over 39 months.

The court applied the Jordan framework and deducted 5 months and 21 days of defence delay, as well as a 10-day discrete event, resulting in a net delay of 33 months and 5 days, which exceeded the 30-month presumptive ceiling.

The court rejected the Crown's arguments that the case was particularly complex or that transitional exceptional circumstances justified the delay.

The application was granted and the charges were stayed.

The accused pleaded guilty to multiple counts of possession of Schedule I substances for the purpose of trafficking and possession of proceeds of crime under the Controlled Drugs and Substances Act.

Police seized significant quantities of methamphetamine, cocaine, MDMA, GHB, and ketamine on two occasions, including while the accused was on bail.

The court considered the seriousness of commercial drug trafficking and the aggravating factor of reoffending while on bail against substantial mitigating factors including rehabilitation, addiction treatment, employment, and community support.

While the defence sought a conditional sentence, the court held that denunciation and general deterrence required a penitentiary sentence.

A global sentence of five years’ imprisonment was imposed before credit, reduced to three years and five days after credit for pre‑trial custody and strict bail conditions.