Two sentencing proceedings heard together concerning the availability of intermittent sentences in the Southwest Region.
The first accused pleaded guilty to simple possession of 16 fentanyl patches contrary to the Controlled Drugs and Substances Act.
The second accused pleaded guilty to impaired driving, a second offence.
Both accused sought intermittent sentences to maintain employment.
The court learned of the Intermittent Community Work Program, which would allow offenders to serve their entire custodial sentences in the community through temporary absence permits.
The court found that this program rendered the sentences non-custodial in nature and therefore incompatible with the statutory requirement for "appropriate accommodation to ensure compliance" under section 732(1) of the Criminal Code.
The court declined to impose intermittent sentences and remanded both offenders into custody.
