Jeffry A. House

The Crown appealed a sentence imposed for five offences arising from a single incident involving the respondent's estranged spouse and children.

The court held that a 12-month sentence, in addition to pre-trial custody, was manifestly unfit given the night-time armed break-in, death threats, aggravated assault on the spouse in the children's presence, and assault on a child who intervened.

While noting the respondent was a 53-year-old first offender, the court concluded a substantial penitentiary term was required and substituted a sentence of 3.5 years after applying the same pre-trial custody credit.

The court also held that the sentencing judge erred by failing to impose the mandatory s. 109 prohibition order and added a 10-year prohibition.

These consolidated appeals concerned the constitutionality of a federal statutory prohibition on partisan political work by public servants.

The Court held that legislation implementing a constitutional convention of public service neutrality remains ordinary legislation and is subject to Charter review.

The impugned provision infringed freedom of expression under s. 2(b), was sufficiently precise to be a limit prescribed by law, but failed the s. 1 proportionality analysis because it applied overbroadly to all public servants regardless of role or level.

The Court declined to preserve the provision through case-by-case reading down and left standing the declaration that the impugned provision was of no force or effect except as it applied to deputy heads.